Am I too late to file an AOS?

MsJayBerry

Firstly, thank you in advance for any help you can give.

I have ignored all correspondence from UKPC and DCB and then received a county court letter last month.
I have lost all of that paperwork but only today realised that I took a photo of it and have noticed that it has an issue date of 14/12/21. Am I right in thinking that I am now too late to file an AOS and in that case what would be the next step to take?

Redx

You had 19 days , so email a defence to the CCBCAQ email address ASAP , before UKPC or dcb legal ask for a default judgment

Ideally use Hotmail and check for an email auto receipt from the CCBC , to show it arrived

KeithP

As @Redx says you are too late to be thinking about Acknowledging Service.


You are now in a race.

Since 4pm yesterday the Claimant has been free to seek a Default Judgment against you.

If they seek that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

On the other hand if you file a Defence before the Claimant actually seeks that Default Judgment, then you win this heat and go through to the next round.

I suggest you aim to file a Defence before 8am tomorrow.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

Umkomaas

MsJayBerry said:

Thank you so much for your fast replies! 

I’ll do that now 🤞🏼

Make sure you use the Defence Template referred to by @KeithP - only 2 paragraphs to write for yourself, the rest is done for you. 

Redx

MsJayBerry said:

@Umkomaas yes I will do that thank you! Just trying to scroll through the info for the exact defence template now.

First post in the defence template post by coupon mad at the top of the forum in announcements

Coupon-mad

Takes 20 minutes to adapt.

Don't try to put it in on MCOL.

Redx

Did you get the email auto receipt back from the CCBC , as acknowledgment of receipt of the defence ?

Le_Kirk

MsJayBerry said:

Just a little update and also some advice. I sent off the N180 form I believe that’s what it was but I don’t believe it reached the courts so a default judgment was made against me. I then made an application for the judgement to be set aside and had a telephone court hearing. I have some questions regarding that hearing but I’m not sure if I’m allowed to post specifics on here?

Have a read of what other posters post, often there is a full court report including the judges name, just keep your own personal details under your hat.

KeithP

Most unusual to get a Default Judgment for failing to return a Directions Questionnaire.

Usually if a Defendant (or Claimant) misses the deadline for filing a DQ, the CCBC send out a letter giving them another seven days to comply. I guess you missed that too.

Coupon-mad

MsJayBerry said:

Good afternoon,

Just a little update and also some advice. I sent off the N180 form I believe that’s what it was but I don’t believe it reached the courts so a default judgment was made against me. I then made an application for the judgement to be set aside and had a telephone court hearing. I have some questions regarding that hearing but I’m not sure if I’m allowed to post specifics on here?

Yes you can.

KeithP

MsJayBerry said:

@KeithP yes I believe it was the second letter I responded to as I didn’t receive the first one. The post was most likely delivered to an outside door next to my property which isn’t in use.

Then you really must get that situation sorted out.

How many speeding fines etc and points on your licence that you know nothing about?