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Letter of Claim form not received

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Hello,
Letter dated 28th December from BW Legal to tell me "following expiry of a letter of claim" followed by a claim number I had never seen before, they have issued county court claim on 15th December.
I didn't receive any letter of claim from the court - not sure what happened but I am certain this did not arrive in the post. I have spoken to county court on the phone and they essentially said not their problem if it didn't turn up... no judgement has yet been entered against me on the system so I should complete online forms urgently as judgement could be entered at any time.
Any advice? Now feel like I have to write a defence immediately so it's not going to be the best defence it could be.
Letter dated 28th December from BW Legal to tell me "following expiry of a letter of claim" followed by a claim number I had never seen before, they have issued county court claim on 15th December.
I didn't receive any letter of claim from the court - not sure what happened but I am certain this did not arrive in the post. I have spoken to county court on the phone and they essentially said not their problem if it didn't turn up... no judgement has yet been entered against me on the system so I should complete online forms urgently as judgement could be entered at any time.
Any advice? Now feel like I have to write a defence immediately so it's not going to be the best defence it could be.
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I am going to assume that the Issue Date on your County Court Claim Form is 15th December. Please confirm.
You also make no mention of having filed an Acknowledgment of Service, so I will assume you have not done that. Is that right?
It looks like you failed to do that.
That in turn means that your Defence filing deadline became 4pm on Tuesday 3rd January 2023.
Since 4pm on Tuesday 3rd January the Claimant has been free to seek a Default Judgment against you.
If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.
Check your MCOL Claim History to see if there is a Judgment against you.
If there is, then you can ignore the rest of this post.
On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and 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'.
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
The letter from BW Legal was the first time I'd seen that claim number - no letter of claim or county court claim form. The letter from BW Legal states 15th December but I didn't receive any letter so who knows.
I did an acknowledgement of service today - again I can't remember what order these things should happen in but AoS presumably well outside of time scale it should have been in as I haven't had any letter?
MCOL has no mention of this claim number so no judgement against me yet - but should the claim number appear on MCOL regardless of what stage the claim is at?
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
I didn't receive a claim form in the post so I don't have the password needed...
You are lucky we have a template defence that can be adapted easily, even if you know not much about the PCN and haven't received the claim (which you can state in your facts paragraph).
Clever of BW Legal to send claims out on the day of a postal strike just before Xmas, innit? Absolute sharp practice IMHO.
Believe us. I know it is daft and unfair but if you want to avoid a CERTAIN CCJ then get your defence emailed TODAY and cross your fingers that BW have not already got a default CCJ.
Don't ask how to find out. You don't have time ... and can ONLY try to win the race. Win the defence race and you can find out about the claim later on.
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD