Checking a county court claim form is real

[Amethyst]

Re: Checking a county court claim form is real

I'd wait until Friday myself, just in case a big bundle of perfect documents show up in between times, meaning you'd have to amend your defence... unlikely to happen but you never know xxx

[fidelandche]

Re: Checking a county court claim form is real

OK, many thanks for the help and advice so far

[fidelandche]

Re: Checking a county court claim form is real

Unfortunately I have forgotten my user ID and password for MCOL and as the defense has to be in by Tuesday as that's the final day, is it best to post it this weekend? Or contact the help desk on Monday or via email

[fidelandche]

Re: Checking a county court claim form is real

Or can I email the defense to ccbcaq@hmcts.gsi.gov.uk ?

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If posting, what is the address to post to?

[nemesis45]

Re: Checking a county court claim form is real

Northampton CC Business Centre claim? If so address is on the claim for St Katherine' House.

nem

[fidelandche]

Re: Checking a county court claim form is real

OK, the defense is in and the court has it, that's been confirmed by the court, what happens next?

[nemesis45]

Re: Checking a county court claim form is real

OK, the defense is in and the court has it, that's been confirmed by the court, what happens next?

The claimant has 28 days + 5 for service to respond to your defence.

If the claimant does not respond in time the court will stay (suspend) the claim, you are not informed if this happens so you must check with the court towards the end of the time allowed to find out the status of the claim.

nem

[fidelandche]

Re: Checking a county court claim form is real

Hi all,
My wife has had her reply from the court today. The letter states that the claim is suitable for the small claims court and she has until the start of December to send the form back or the court will make such an order as appears appropriate.

What is the best course to take from here?? As I have mentioned, my wife has mental health problems and this includes social anxiety, so the chances of her attending a court is zero.

If she doesn't fill out the form and return by the date set by the court, would the claim by struck out? Or would the court rule in the claimant's favour and then a CCJ would be filled?

If the form was filled out, what happens with the small claims court? Is there a tendency for them to rule in favour of the claimant or defendant? I have heard that some judges rule in favour of the defendant due to the fact they don't like catalogue companies and how they work.


Also my wife never received any paperwork when the letters were sent off to the claimant or their solicitor, don't know if this affects anything?

No doubt there will be other questions to ask.

[charitynjw]

Re: Checking a county court claim form is real

Hi all,
My wife has had her reply from the court today. The letter states that the claim is suitable for the small claims court and she has until the start of December to send the form back or the court will make such an order as appears appropriate.

What is the best course to take from here??
Complete the form & return it to court by the deadline.
As I have mentioned, my wife has mental health problems and this includes social anxiety, so the chances of her attending a court is zero.
You can act on her behalf if your wife consents.

If she doesn't fill out the form and return by the date set by the court, would the claim by struck out?
Doubtful.
Or would the court rule in the claimant's favour and then a CCJ would be filled?
Possibly.

If the form was filled out, what happens with the small claims court?
You should tick 'yes' for mediation.
The Mediation Service should contact you. If you haven't received any disclosure documentation from the Claimant by then, it will probably be unsuitable for mediation & the case is usually returned to court for allocation to track (likely to be Small Claims) & to your local court. (You can nominate your preferred venue on the Directions Questionnaire).
Is there a tendency for them to rule in favour of the claimant or defendant?
The case will turn on it's facts.
I have heard that some judges rule in favour of the defendant due to the fact they don't like catalogue companies and how they work.
As above.


Also my wife never received any paperwork when the letters were sent off to the claimant or their solicitor, don't know if this affects anything?
If one of the letters was a CCA request for documents & £1 fee paid, the Claimant is barred from enforcing the alleged debt (after the statutory 12 day deadline + 2 for post) until/unless they comply.
Do you have proof of posting?

No doubt there will be other questions to ask.

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[fidelandche]

Re: Checking a county court claim form is real

Thanks for the quick reply, unfortunately we are unable to find the proof of posting. But yes one of the letters was a CCA request with the £1 fee sent.

What happens when the claim gets to the small claims court? Also are there extra fees added to the claim for going through the small claims court?

On the form, is there some where to pit that I would be acting on her behalf and to state the reasons why? As I have been unable to see where that could be put.

Thanks

[charitynjw]

Re: Checking a county court claim form is real

Thanks for the quick reply, unfortunately we are unable to find the proof of posting. But yes one of the letters was a CCA request with the £1 fee sent.
To be on the safe side, send the Claimant a copy of the request + another £1 fee with a covering letter.
You could say words to the effect of "I sent you a CCA request (XXX date) but I note that you have not complied. I attach a copy plus the £1 statutory fee".
Endorse the payment 'for statutory purposes only' & write a reference number on it (The account no. or the court case ref no. are good).
& don't forget proof of posting; I always staple it to my file copy of the letter.


What happens when the claim gets to the small claims court?
https://www.citizensadvice.org.uk/la...-final-hearing
Also are there extra fees added to the claim for going through the small claims court?
Not usually.
From the above link

In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims.

On the form, is there some where to pit that I would be acting on her behalf and to state the reasons why? As I have been unable to see where that could be put.
It's best to obtain her signed consent, & you will need the court's permission.
It's important to understand that you will be stepping into her shoes as regards the future responsibilities of the case.
Alternatively you could offer to be a McKenzie Friend & therefore have a supporting capacity, but not necessarily a right of audience.

Thanks

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[fidelandche]

Re: Checking a county court claim form is real

Once I have my wife's written consent, do I need to send it off with the court form asking for their permission? Or if not that way, where would I send the consent? And how do I get the courts permission?

[charitynjw]

Re: Checking a county court claim form is real

Once I have my wife's written consent, do I need to send it off with the court form asking for their permission? Or if not that way, where would I send the consent? And how do I get the courts permission?

You should seek the court's permission as soon as possible.
But even acting as a lay representative, your wife will need to attend court (unless the court gives permission for her non-attendance).
You could also decide not to attend & ask the court to decide on the case using your submitted documentation/evidence etc..
You must give the court at least 7 days notice prior to the hearing date.

[fidelandche]

Re: Checking a county court claim form is real

So would that be best to send off a request to Northampton County Court asking for permission? Or wait until it has been assigned to our local court?

[fidelandche]

Re: Checking a county court claim form is real

Is this the sort of letter my wife should send off to the court??
I formally requests the court's permission not to attend the hearing in regards to the above claim.


I suffer from Depression, anxiety, agoraphobia with emotional unstable traits, I am also under a CMHT (Community Mental Health Team) and I have a LCP (Lead Care Professional) named Julia Ward.


Due to my mental health difficulties, going to court would increase my anxieties and also due to my agoraphobia, I would find it extremely difficult to attend court.

I ask the court to deal with my case based on the defense I have submitted


Yours sincerely