CNBC - Witness Statement. Interesting Twist with Contract Law

pjwanderer

I made adjustments, and submitted via the email address on Monday.  I have so far only received an automated mailbox reply saying they would get back to me in 10 days.  This would be past the defence submission day.  Do I need to follow up on this on Monday (the last day for submission of a defence)?

KeithP

Does your MCOL Claim History not show any update?

There's a phone number on your Claim Form.

kryten3000

The auto-reply says that they can take 10 days to get back to you if a response is required

CNBC may send you a letter to confirm receipt of the Defence and that it is being sent to the Claimant.

CNBC will pass the Defence to the Claimant who then have 28 days to respond to say if they wish to proceed with the claim (they almost certainly will). 

CNBC will then send out the Directions Questionnaire form N180 for both parties to complete and return.

Until this point there's nothing to do but wait.

pjwanderer

Further help need just to clarify something.  So I did get an acknowledgement and a Copy of N180 from the Claimant.  I received in the post today the Directions Questionnaire, but due to Christmas post what was posted on the 20th December I received today the Friday 3rd of Jan, with a demand to return with the claimant copied by the 6th Jan - so the following Monday.  The question I have is, can I download an electronic PDF of this document, and email this to both the court and the claimant (they did provide an email in their letter) and then post a hard copy later?

KeithP

You can certainly fill in the N180 online - google N180 and look at .gov.uk pages - and then email it as described in the guidance in the Template Defence thread.

Apart from that... surely the letter gave you 28 days to complete and return a Directions Questionnaire?

Gr1pr

Currently there is no court,  only the CNBC 

You will nominate your local court within the N180

The 12 steps in the defence template thread plus the newbies sticky thread post 2 tell you what to do, so study them 

Do what you stated,  because that is what the advice tells you to do,  email,  not post , providing you received the N180 from the CNBC,  not the N180 sent by the claimant or lawyers   !

So email only,  pdf attachment,  to the DQ email address and the claimant too

Coupon-mad

pjwanderer said:

  The question I have is, can I download an electronic PDF of this document, and email this to both the court and the claimant (they did provide an email in their letter) and then post a hard copy later?

Nothing in the first 12 steps tells you to post a DQ by snail mail.

The specific CNBC email address is there in the Template Defence Announcement thread (and the NEWBIES thread answers all the N180 questions, new and old).

pjwanderer

Thanks for confirming the steps to follow - all is good there.
For reference, the Notice of Proposed Allocation to the Small Claims Track was dated 20th December. The post mark on the letter was stamped on the 30th December.  The letter actually arrived in the post on the 3rd of Jan.  The deadline to return the N180 form is the 6th Jan.  Nothing stating 28 days to return.  In effect I have 2 days to return this. - good job I was not on vacation!

pjwanderer

Thanks all so for.  All progressing as expected per the newbies thread.  I have a date for mediation.  Any advice on what to prepare for this would be welcome.  How much detail do I need to go in to at this stage with the mediator, presuming that they will pass this information on to the claimant. Thanks

LDast

You simply tell the mediator that you offer £0 and the claimant has a copy of your defence. There is nothing else to do. It is not part of the judicial process. There is no judge or lawyers involved. The mediator is not legally trained. Their opinion is as useful as a poke in the arm with a sharp stick.