Moneyclaim for 'cancellation fees' after cancelling contract - new website timeline confusion

righteousindignation

Ok, point taken but I think my consumer rights are pretty clear despite this. 

righteousindignation

thank you @Jenni_D for pointing me to the thread about OCMC. I followed a link on the thread to 'Practice Direction 51R, Online civil money claims pilot.
This clearly states I have 28 days to respond, so I will stop worrying about the AOS as that is obviously not relevant to OCMC - the whole point of which is to simplify claims.

It also states that Defence and Counterclaim is still part of the OCMC process even though it can't be done via the OCMC website. So the 28 days will still apply, I haven't changed to a different process. 

I was told over the phone though that I should submit my Defence and Counterclaim forms to them by email at  OCMC.
But the directions I've just read say to return a paper copy to the OCMC postal address. (which I haven't been given)

Maybe I do both to be on the safe side! 

A_Geordie

The idea of the OCMC is to handle everything online wherever possible rather than via post. This is made clear in the scope of the pilot scheme in paragrah 2.1 of Part 51.

2.1(2) ... Normally, documents should be submitted to the court electronically using the “OCMC website” (as defined) or if it cannot be submitted using the website, then by email in accordance with sub-paragraph (2A). However, if this is not possible, the address for submitting documents in paper copy is-

(a) HMCTS CMC, PO Box 12747, Harlow, CM20 9RA; or

If you are planning on filing a defence and counterclaim using the paper form, then you need to read "Table A" in paragraph 5.1(2) which says that Form 9B needs to be completed and sent by post.  

(2) The defendant responds to the claim by completing the appropriate form or screens (“response form”) and submitting the response form to the court in the appropriate manner, depending on the nature of their response, as set out in Table A.

Once you do that, the court should then follow this process: 

Defendant’s response – defence and counterclaim

6A.3 If the defendant responds to defend the claim and make a counterclaim, the court must send the claim out of the pilot to the CNBC for the claim to continue as if it had started under CPR Part 7.

In other words, you follow the same process as if it was submitted in the MCOL portal. 

The OCMC postal address is defined in the definitions section:

“OCMC postal address” means the address for submitting documents in paper copy set out at paragraph 2.1(2)(a) or (b) as appropriate;

righteousindignation

Thanks everyone. I am having second thoughts about the counterclaim at this point. Although I have some grounds for it, I'm getting to the point where getting on with my life might be more of a priority. And it's hard for me to know how strong my case is without paying for legal advice....