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Late reply to CNBC Claim Form

Hi there,

I have only today opened a CNBC Claim Form (claimant UKCPS) letter dated 18 Dec 2024 (found in a pile of mail that was set aside in the pre-Christmas chaos - just my luck for it to contain such an important letter!!). 

I would really appreciate your advice in answering the following questions:

1) Given I am now outside the 14/28 day reply window, am I too late to go down the defence route to contest the claim?
2) If I pay in full now, will I avoid a CCJ? (this is my primary concern)
3) What is the best method of paying up? Going through the moneyclaim.gov.uk site or can I pay direct to UKCPS and they will drop the claim?

I was all geared up to go to court following all of your excellent advice on the forum, but I suspect this route is frustratingly now no longer available to me due to the missed deadline. So now I'm mainly just concerned about avoiding a CCJ. 

Thanks very much for your advice.
«13

Comments

  • Umkomaas
    Umkomaas Posts: 42,887 Forumite
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    Look at your MCOL history. What does it say?  Who issued the claim on behalf of UKCPS - Moorside Legal?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Gr1pr
    Gr1pr Posts: 6,806 Forumite
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    We definitely need to see a copy of the full claim history on MCOL before giving you advice 
  • Tryfan918
    Tryfan918 Posts: 10 Newbie
    First Post Name Dropper
    Hi both, and thanks for replying. The claimant is UKCPS Ltd but the address for sending documents and payments is listed as Moorside Legal Services (and I've received several threatening letters from Moorside previously too). The MCOL Claim History section just says "A claim was issued against you on 18/12/2024" and lists the claimant as UKCPS Ltd. Thanks for your help. 
  • Gr1pr
    Gr1pr Posts: 6,806 Forumite
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    Seems to me that you should copy and paste any recent defence into the MCOL  start defence box ASAP,  after cutting it down in order to get all of it in

    You are now in a race before Moorside press the request judgment button on MCOL 

    Get it done ASAP 
  • Tryfan918
    Tryfan918 Posts: 10 Newbie
    First Post Name Dropper
    Okay great - there is still some hope :) I'll get onto posting the defence straight away.

    Do you have a link to the latest version of the defence template as I've seen a few floating around the forum? 

    Also - if this does end up in court and I lose, would I be CCJ-free as long as I pay promptly? So there's no additional risk in taking it to court as they can't increase the payment further, and I shouldn't get a CCJ? Is that correct?

    I *really* want to take on these vultures but just don't know if I can risk the CCJ! It's such a rotten system - and you guys do brilliant work in helping people oppose it :) 

    Many thanks
  • ChirpyChicken
    ChirpyChicken Posts: 1,128 Forumite
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    edited 10 February at 5:00PM
    Log the defence TODAY straight onto the portal..not tommorrow . Cut it down to the important bits
    Just do it no stalling.
    Forget the unnecessary questions and just log the defence and it will show as submitted tommorrow morning
  • Gr1pr
    Gr1pr Posts: 6,806 Forumite
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    edited 10 February at 5:07PM
    You seem to understand everything by that reply

    I dont keep links,  but I suggest that you search the forum for ukcps Moorside Legal cases with an approved defence included 

    The only problem is that you have to cut it down,  but I cannot tell anyone what to remove,  not my place 

    It definitely wont fit without editing down, one reason why we don't normally recommend it,  but for you it's tempus fugit

    Ps, perhaps use this thread as the example   ?

    https://forums.moneysavingexpert.com/discussion/6586166/2x-claim-form-from-cps/p2
  • Coupon-mad
    Coupon-mad Posts: 148,359 Forumite
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    edited 10 February at 5:05PM
    Right: Please stop asking questions. You are in a race and they could click the CCJ button any time, including evening/night.

    You don't need a link to a sticky (pinned) thread and my signature tells you how to click there in a nanosecond anyway.

    You just need to search for any other recent MOORSIDE LEGAL DEFENCE and remove the headings and remove the statement of truth from the bottom of the Template Defence (over 30 paragraphs once complete).

    Show Chan & Akande as a URL (not images).

    Then remove all blurb about the DLUHC and remove the end bit about costs.  Do not ask us first. Remove middle/end blurb till it fits.

    YOU ARE NEVER RISKING A CCJ UNLESS YOU SIT THERE RIGHT NOW AND DITHER AND NOT DO IT - NOW!
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  • Thanks very much for your advice everyone - it really is very much appreciated. 

    Claim acknowledged and Defence now emailed - fingers and toes crossed for the next phase!

    Thanks again - you are providing a valuable public service!
  • Tryfan918
    Tryfan918 Posts: 10 Newbie
    First Post Name Dropper
    Morning all. Sorry - one final question. For peace of mind, can I just check that the correct procedure is to:

    a) acknowledge the claim on MCOL
    b) email the defence to ClaimResponses.CNBC@justice.gov.uk and ensure there is a receipt

    Is this correct or does the defence need to be filed on MCOL too?

    Thanks again - this really is a minefield for newbies!
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