Desperately looking for some advice

KeithP

Kimmyl said:

KeithP said:

Back on 5th September I asked...

KeithP said:

Please tell us the Issue Date on your Claim Form.

You didn't answer.

Apologies - my head is frazzled with all of this. The issue date was 1/9/23, I acknowledged on the 11/09/23 - should I wait to submit my defence?

With a Claim Issue Date of 1st September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 4th October 2023 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Kimmyl

I have submitted my defence today via the CCBCAQ@justice.gov.uk email and received acknowledgement. I know there's still more work to come but I just wanted to thank you guys for all the help up to this point, I wouldn't have been able to get this far without it.

Kimmyl

Just an update….

KeithP

@Kimmyl, I know that Order is directed towards the Claimant, but have you filed a Directions Questionnaire?
You make no mention of it in the thread.

Kimmyl

KeithP said:

@Kimmyl, I know that Order is directed towards the Claimant, but have you filed a Directions Questionnaire?
You make no mention of it in the thread.

No, I didn’t realise I had to? I’ve just been waiting for the next step since filing my defence but never heard anything…

sorry quick edit - just had a look at the form and I’m pretty sure I completed and sent that back some months ago.. the one where I said I wasn’t open to mediation etc

Coupon-mad

You should re-send a new set of unavailable dates for 2024 of course.  Cross out whole weeks of weddings, big birthdays, holidays, family babies due, work commitments, etc.

Kimmyl

Hi,

since my last post I’ve had no further updates from the court. As far as I'm aware the claimant hasn’t submitted the questionnaire. Does this mean the claim is struck out? Would I not be notified? Here’s what MCOS says at current. Any advice would be great, currently on the phone to mcos but been on hold for 45 mins

Coupon-mad

I think you should ring the CNBC and ask what the General Sanctions Order was and who it was sent to (Claimant?).

I think that the Claimant hasn't returned their DQ but that doesn't mean it's over because the sanctions order gives them a chance. 

Kimmyl

Coupon-mad said:

I think you should ring the CNBC and ask what the General Sanctions Order was and who it was sent to (Claimant?).

I think that the Claimant hasn't returned their DQ but that doesn't mean it's over because the sanctions order gives them a chance. 

I was on hold for 1 hour 30 mins waiting for an answer and then gave up. Decided to send an email instead. The letter I received about the claimant not sending their DQ was dated 2nd December which is the same as the general sanctions order. It said they have 7 days to return or the case is closed and I’ve just had no correspondence since. Seems strange and I’m left in the dark about what’s happening.

Coupon-mad

Kimmyl said:

Coupon-mad said:

I think you should ring the CNBC and ask what the General Sanctions Order was and who it was sent to (Claimant?).

I think that the Claimant hasn't returned their DQ but that doesn't mean it's over because the sanctions order gives them a chance. 

I was on hold for 1 hour 30 mins waiting for an answer and then gave up. Decided to send an email instead. The letter I received about the claimant not sending their DQ was dated 2nd December which is the same as the general sanctions order. It said they have 7 days to return or the case is closed and I’ve just had no correspondence since. Seems strange and I’m left in the dark about what’s happening.

They will have sent the DQ now and the claim will pick up again.  The CNBC is about 6 weeks behind on handling work.

See the Template Defence first 12 steps for what to expect next.

Did your DQ cover the first 6 months if 2024?

If you now book a holiday for the summer before a hearing is eventually set,  YOU MUST tell the local court (once your case gets allocated, you no longer deal with the CNBC).