We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

NAMED DEFENDANT NOT DRIVER OR KEEPER

2»

Comments

  • TheRaz
    TheRaz Posts: 37 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    The AOS filed by the wrong person is not an AOS at all so you have exposed the person to a risk of a CCJ, the minute the CNBC notice that the AOS was wrongly filled in by a third party.

    DO NOT SIGN THEIR DEFENCE NOR PUT YOUR NAME ON IT ANYWHERE.

    The Defendant must sign & date (can be done electronically) then save as a PDF.  Not a Word doc, obviously!

    You CAN use your email address (if you are best placed to handle the case and will pick up emails quicker) but sign it off the name of the Defendant. Not you.
    I guess I cannot change the AOS now? Thank you I will make sure the defendant sign and dates the defence. 
  • TheRaz
    TheRaz Posts: 37 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    KeithP said:
    TheRaz said:
    KeithP said:
    What is the Issue Date on the Claim Form?

    Everything must be done in the name of the named Defendant.

    Issue date is 14th August 23
    So an attempt was made to file an Acknowledgment of Service 'on behalf of the Defendant'.

    Suggest the named Defendant does now, immediately, file an Acknowledgment of Service following the guidance in the Dropbox file linked from the second post in the NEWBIES thread. Hopefully that will still be possible.

    With a Claim Issue Date of 9th August, and having successfully filed an Acknowledgment of Service, the named Defendant has until 4pm on Monday 18th September 2023 to file her Defence.

    That's just a few days away.
    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.


    Thank you @KeithP. I don't know if it is possible to change the AOS now, I'm trying to find out but am also wondering if it might be better to leave that and concentrate on the defence and get that right? Thank you for the links.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 September 2023 at 4:00PM
    TheRaz said:
    KeithP said:
    TheRaz said:
    KeithP said:
    What is the Issue Date on the Claim Form?

    Everything must be done in the name of the named Defendant.

    Issue date is 14th August 23
    So an attempt was made to file an Acknowledgment of Service 'on behalf of the Defendant'.

    Suggest the named Defendant does now, immediately, file an Acknowledgment of Service following the guidance in the Dropbox file linked from the second post in the NEWBIES thread. Hopefully that will still be possible.

    With a Claim Issue Date of 9th August, and having successfully filed an Acknowledgment of Service, the named Defendant has until 4pm on Monday 18th September 2023 to file her Defence.

    That's just a few days away.
    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.


    Thank you @KeithP. I don't know if it is possible to change the AOS now, I'm trying to find out....
    Well it won't take you ten minutes to find out.
    Just follow the link I've given you.

    Of course it is entirely possible that your wife has a Default Judgment against her by now.
    Check her MCOL Claim History to find out.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Has a Defence now been filed?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604.1K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.