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Civil claim form letter,what to do

2

Comments

  • MarusBridge1
    MarusBridge1 Posts: 14 Forumite
    10 Posts Name Dropper
    I jumped the gun a bit worried about time and did the aos on my gateway but putting in her details as defendant etc, was that a mistake but it’s done now 
  • I’m just sorting out my defence for this, went on holiday and forgot all about doing it before going.
    is just saying the keeper of the vehicle, my wife, wasn’t the driver at the time a valid defence on this or do I need to use anything else as well?
  • Le_Kirk
    Le_Kirk Posts: 24,987 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 10 September at 12:22PM
    With a clim issue date of 29/07/25, the defence should have been submitted by 01 September; check on MCOL status page to see if a CCJ has been issued.
  • I thought there was 28 days from the AOS to get the defence sent?
    I send the AOS on 16th august.
  • Le_Kirk
    Le_Kirk Posts: 24,987 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 10 September at 2:02PM
    It is 28 days from date of service, see dates below: -
    Issue Date     Served Date    AoS Due      Defence Due
    29/07/25         03/08/25          17/08/25        01/09/25
  • Damn, I read it wrong as 28
    days from AOS issue date.
    Have  checked on the MCOL and there’s no ccj been issued.or any update since I did the AOS.
    i need to get the defence sent in asap or is it to late when I e missed the due date.
    if not can I use the defence of not been the driver?

  • Le_Kirk
    Le_Kirk Posts: 24,987 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to use the template defence and put it into the defence box on MCOL before the claimant realises you are late and pushes the auto CCJ button.  You need to rebut the POC that claims you did not have a valid permit.  The defence can only be submitted by the person named on the N1SDT form.  
  • Starting to think I should just pay this but I really don’t want them to win, it’s really stressing me out.
    om no good when it comes to this kind of thing sorry, I appreciate your help.
    I didn’t understand what you mean about the POC, is saying she wasn’t the driver a valid defence to use, then on the ws come up with proof that she was at work at the time, which she was?
  • Le_Kirk
    Le_Kirk Posts: 24,987 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Not being the driver only works if the original PCN was non-POFA (look it up) and only prevents the liability being transferred to the keeper, your wife.  The important matter now is for the person named on the N1SDT claim form and who also submitted the AoS to submit a defence on MCOL because it is well overdue and the claimant can auto claim a default win against her.  See the defence template for help - but speed is of the essence.  Did you/she check the status page on MCOL to see if there is a judgment lodged against her?
  • Ok thanks, I’m going to do it later if I can get my head around it all and read up on everything you mentioned.
    Checked  the MCOL and no judgement has been lodged at the moment luckily.

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