*** Won *** Judgment issued, but bar subsequently put in place ?

[kettlaness]

I'd still ring court Monday and check if it's just returned to DQ stage and that you are right to await directions from the allocated court, oh and check that the original defence filed is the defence being used.

I phoned the court this morning, and it appears that the ONLY point of certainty, is that I am not expected to do anything at the moment, other than await further directions.

I was told, that as the defendant had sent a 'signed for' document to MC which they (MC) had lost, the judge ruled that the case be set aside.

I was also informed, that the defendant 'had probably' sent in another DQ, but there appeared to be uncertainty about this. I mentioned that the MC website has not yet listed that the defendant's (2nd) DQ has been submitted.

My contact at MC was clearly uncertain as to whether a 2nd DQ had actually arrived - he said that it 'should' have done, but he couldn't say that he was 100% sure that it had arrived. He said that he would 'chase the matter up', in case the DQ hasn't yet arrived.

My DQ arrived at MC on 10th May - the last date for submission was 18th May; it is entirely possible, that almost two months on, the defendant's DQ (1st or 2nd versions) is not yet with MC.

Can you post your POC?

Is POC the particulars/points of the claim ?

If so, should it be as I made it on MoneyClaim, or just an overview ?

Your next job really will be putting your Witness Statement and Evidence/Exhibits together - so you can start doing that - some examples - Witness Statements

Thank you so much, for this ^^^ information . . . . . . . how I wish, that I'd joined this forum at an earlier stage of the proceedings.

[kettlaness]

The full history on Money Claim is as follows :

---------------------------------------------------------------------------------------

Claim History

You submitted a claim on 10/04/2018 at 09:55:26

Your claim was issued on 11/04/2018

(defendant's name) filed an acknowledgment of service on 18/04/2018 at 08:02:24

A bar was put in place for (defendant's name) on 01/05/2018

(defendant's name) filed a defence on 01/05/2018

DQ sent to (defendant's name) on 01/05/2018

DQ filed on 10/05/2018 {By myself, the claimant}

General sanctions order was made on 29/05/2018

The defence was struck out on 15/06/2018

The bar in place for (defendant's name) was removed on 18/06/2018

You submitted a judgment against (defendant's name) on 18/06/2018 at 17:28:25

Your judgment against (defendant's name) was issued on 19/06/2018 at 19:08:40

A bar was put in place for (defendant's name) on 26/06/2018

The bar in place for (defendant's name) was removed on 12/07/2018

An application to set aside (remove) judgment against (defendant's name) was submitted to the court on 12/07/2018

The application to set aside (remove) judgment against (defendant's name) was granted on 12/07/2018

---------------------------------------------------------------------------------------

After I spoke to one of MoneyClaim's advisors yesterday, the above list now has an extra addition :

"A bar was put in place for (defendant's name) on 16/07/2018"

I'll phone MC again today, to try and understand just what is going on.

Taking a look at the list, this is now the 3rd time, that they've put a bar in place - is this some sort of record ?

[jaguarsuk]

Okay, so the order doesn't state that the case is being transferred to the defendants home court.

What it states is that either party can apply to vary the order and if that application required a hearing, if the party applying is the defendant and if they are also an individual then it would be transferred to their home court.

However if the Claimant or a Defendant applying is not an individual it will be sent for hearing at a preferred court.

Once they have the defendant's DQ this will be transferred to your local court then a further order will be made by a DJ there to set a hearing date along with further directions including when you need to pay the hearing fee.

There's little value in calling the court today as they won't be able to tell you any more than yesterday, you just need to wait for the directions of the court.

[kettlaness]

.

There's little value in calling the court today as they won't be able to tell you any more than yesterday, you just need to wait for the directions of the court.

You are quite right - I now need to wait for the directions of the court.

I've just come off the phone from MC; they told me that the defendant has until the 30th July, to provide their Directions Questionnaire. If they send in their DQ, I presume that matters will proceed to a hearing. They said that if the DQ didn't arrive, the defendant's defence would be struck out (again).

I'm thankful that Amethyst suggested that I phone MC yesterday - the guy to whom I spoke at MC, told me that :

"It was a good job that you had phoned, because the case had stalled a bit - with no further instructions"

Thank you for taking the trouble to leave a message - helps keep me focused !

[kettlaness]

Once they have the defendant's DQ . . . . . . .

I contacted MoneyClaim on 16th July, to be told that they had given the Defendant two weeks to submit their DQ; I was specifically told, that if the DQ hadn't arrived by 30th July, their defence would be struck out.

I contacted MoneyClaim today, to be told that a DQ had arrived "but it was from a 3rd party and is not valid", so they will be sending a letter to the Defendant "within a week", to ask for the 'correct' DQ. (MoneyClaim wouldn't tell me who the 3rd party might be).

Oh yes, MoneyClaim say that the Defendant will be allowed another 14 days, to submit the 'correct' DQ.

This is beyond a joke ! The Defendant should have submitted their questionnaire by 18th May - they didn't do this. They sent another one by registered post - which was 'lost' by MoneyClaim. Following this, a DQ has been sent in by a 3rd party - which is invalid and now they are being given yet another chance to send in the DQ.

So, a week for MoneyClaim to send the letter to the Defendant and yet another 14 days for the defendant to submit the correct DQ - at this rate, I think it unlikely that there will be any further developments until September.

[jaguarsuk]

MoneyClaim wouldn't tell me who the 3rd party might be

Probably a Solicitor whom should have filed a Notice of Acting, but that will become apparent if they file correctly.

Oh yes, MoneyClaim say that the Defendant will be allowed another 14 days, to submit the 'correct' DQ.

This is beyond a joke ! The Defendant should have submitted their questionnaire by 18th May - they didn't do this. They sent another one by registered post - which was 'lost' by MoneyClaim. Following this, a DQ has been sent in by a 3rd party - which is invalid and now they are being given yet another chance to send in the DQ.

So, a week for MoneyClaim to send the letter to the Defendant and yet another 14 days for the defendant to submit the correct DQ - at this rate, I think it unlikely that there will be any further developments until September.

Welcome to HM Courts & Tribunals where bureaucracy is everywhere and time seems to stand still.

[kettlaness]

Probably a Solicitor whom should have filed a Notice of Acting, but that will become apparent if they file correctly.

That was my assumption too, I can't think of anyone else that it might be, other than a solicitor.

[kettlaness]

Probably a Solicitor whom should have filed a Notice of Acting, but that will become apparent if they file correctly.

If the Defendant instructs a solicitor to act on their behalf, does the Defendant have to attend any hearing,? Or do they have to be there, as well as the solicitor ?

If the Defendant did win the hearing, are they able to claim expenses for their solicitor from me ?

[jaguarsuk]

If the Defendant instructs a solicitor to act on their behalf, does the Defendant have to attend any hearing,? Or do they have to be there, as well as the solicitor ?

If the Defendant did win the hearing, are they able to claim expenses for their solicitor from me ?

They don't have to attend if they have a solicitor acting for them. It might be they do, but any solicitor worth having should know to file a Notice of Acting with the court and then the DQ; making me think it isn't.

Costs are limited in the Small Claims Track unless there is unreasonable conduct, so it's unlikely they would be able to recover costs from you.

[kettlaness]

Just a brief update,

A week ago, I had a letter from MoneyClaim, telling me that :

'This claim has been transferred to the below * County Court Hearing Centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's instructions will be sent to you in a notice of allocation. If you would like any further information you can contact the local County Court Hearing Centre directly, but please await the Judge's directions'.

* This being the County Court which is nearest to where I live.


On the MoneyClaim site, it now states that :

(Defendant's name) filed a DQ on 17/08/2018

(Defendant's name) notified the court of a change of address on 17/08/2018

Your claim was transferred to (my local court) on 17/08/2018


I've had notification from MoneyClaim (the letter described above) that the matter has been transferred to court - the one closest to me, which is convenient.

What concerns me, is that I've not been provided with a copy of the Defendant's DQ and I've not been notified with their change of address - am I worrying unduly or is it likely that they are acting through some devious motives ?

[Amethyst]

If the directions that come from the judge are to exchange witness statements then the address for service should be given. I'd not be concerned until you receive directions and then act accordingly.

[kettlaness]

If the directions that come from the judge are to exchange witness statements then the address for service should be given. I'd not be concerned until you receive directions and then act accordingly.

Hi All,

The case was transferred by MoneyClaim to the court nearest to where I live on 17th August, a few days later, I received a letter from the court basically telling me to wait until I received further instructions from them.

Six weeks on, I've heard nothing from the court; I tried phoning them, but the number just rings out. Is it normal, for matters to take so long to progress ?

[Amethyst]

6 weeks is quite normal but if you are worried give the court a call ( if you can get through )

[kettlaness]

6 weeks is quite normal but if you are worried give the court a call ( if you can get through )

Hi All,

This is turning into a real mess and I'm at a loss at what to do.

This morning, I managed to get through to the local court; they told me, that although the case was transferred to them on 17th August, they haven't actually received any files from MoneyClaim relating to the matter. !

I've just contacted MoneyClaim; they said that the case was transferred by them to the local court on 17th August and they 'think' that all documentation was transferred at that time.

In other words, MoneyClaim are saying they've sent the documents and the local court are saying they've not had them.

I asked the MoneyClaim HelpDesk person if they have retained copies of the documentation that they can send to the local court and they told me that they were 'not sure' if they still have copies. I was told that the matter would be referred to their supervisor and advised to phone back next week, to see if the documentation had been 'found'.

Is there anything, that I should do at this stage ? I'm not happy, because for two months, I've been waiting to hear from the local court - under the assumption that they've been dealing with the matter.

I think it most likely, that any fault lies with MoneyClaim rather than the local court. As I mentioned in post #7, MoneyClaim managed to 'lose' the Defendant's DQ - have signed for it by recorded delivery.

What if MoneyClaim can't find any documentation to send to the local court - where might that leave me ?

Any help/advice/guidance/shoulder-to-cry-on, would be much appreciated !


*** UPDATE ***

Just had this (unhelpful) email from MoneyClaim :


Good afternoon

Thank you for your correspondence.

Please note your case has been transferred to the County Court at *******.

As we no longer hold this case at the County Court Business Centre, I am unable to take any action or provide any updates in relation to this claim and you will need to forward your email to the relevant Court to be processed.

You can find the contact details of this Court by using the Court Finder, which can be accessed using this link: http://hmctscourtfinder.justice.gov.uk/HMCTS/

Please ensure you clearly state your case number with regards to any future correspondence with that Court.
If you are a claimant please click here for our Money Claim Online User Guide which includes detailed and useful information about all aspects of your claim progression.
Regards,
***** *******
Correspondence Team


MoneyClaim say that they are 'unable' to take any action and the local court say that they've not had the documents.


What should I do now ?

[kettlaness]

Hi All,

This is turning into a real mess and I'm at a loss at what to do.

This morning, I managed to get through to the local court; they told me, that although the case was transferred to them on 17th August, . . .

Hi All,

As described above, my case was transferred by MoneyClaim to the local court on 17th August; I've contacted the local court in October (twice) to be told that I'd receive notification about the hearing 'within about 10 days'.

I'm getting very concerned, because the court is doing nothing of their own volition - I'm having to 'drive' the process forward myself . . . but it's now over three months on and I've still had no communication from the court. I can phone them again today, no doubt they'll tell me that I'll 'hear something in 7 to 10 days' . . . following which, I don't.

What can i do ? all i want, is my case to be heard ?