Lowell v shirlthegirl's hubby

[warwick65]

Re: Lowell v shirlthegirl's hubby

For the assignment you could just ask for the assignment to include the notice and deed.

A cpr31.14 request is just a request for info and is really quite straightforward - you just ask for the documents

Use the template and adjust accordingly
[MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION]
Can this be moved to received a court claim

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Thank you, will do just that.

(I thought I had started this thread in the received a court claim but was having a few issues navigating the site - now found out my mouse was broken)

[warwick65]

Re: Lowell v shirlthegirl's hubby

Hopefully one of the terrible two will be able to move the whole lot , lock stock and barrel to the right forum

[Kati]

Re: Lowell v shirlthegirl's hubby

Hopefully one of the terrible two will be able to move the whole lot , lock stock and barrel to the right forum

terrible?? me?? shocking that is warwick (I might be a bit dodgy but I'd never admit it to anyone lol )
[MENTION=67230]shirlthegirl[/MENTION] ... your thread's been moved hun xx

[MIKE770]

Re: Lowell v shirlthegirl's hubby

terrible?? me?? shocking that is warwick (I might be a bit dodgy but I'd never admit it to anyone lol )
@shirlthegirl ... your thread's been moved hun xx

bit dodgy????? means never tells lies - but known to distort the truth = being the difference!

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Hi, sent off all the letters as detailed above (last week). Also submitted the acknowledgement of service in September.

Today hubby received a letter from the County Court Business Centre which reads...

'To the Defendant
You have not replied to the claim form
It is therefore ordered that you must pay the claimant £254.49 for debt [and interest to date of judgment] and £97 for costs [less £0 which you have already paid]

You must pay the claimant a total of £351.49' ....

What did we forget to do?

[Amethyst]

Re: Lowell v shirlthegirl's hubby

Possibly - DEFEND - When was the claim issue date ( printed on the claim form) and what date did you enter your acknowledgement ? Did you do that online (MCOL) or on paper? Actually I'm wondering if something went wrong with acknowledgment of the claim if you started this thread soon as you received the claim you'd still be in time for Defence.

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

date on claim form is 1 September, we submitted via MCOL on 14th September

[Amethyst]

Re: Lowell v shirlthegirl's hubby

Hmmm should be fine.... Did you get a confirmation email / notice ? Can you log in on MCOL and see what it says ? Might need to ring the court and find out why your acknowledgment hasn't been accepted.

The Money Claim Online Helpdesk can be contacted on 0300 123 1057 / 01604 619402. It does experience a high volume of calls so you may wish to consider emailing your query to ccbc@hmcts.gsi.gov.uk.

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Just looked at MCOL,

Claim HistoryYour acknowledgment of service was submitted on 19/09/2017 at 08:44:27


Your acknowledgment of service was received on 19/09/2017 at 12:02:03


A judgment was issued against you on 05/10/2017 at 19:22:40

[Amethyst]

Re: Lowell v shirlthegirl's hubby

Okay, in which case the court saying you didn't respond to the claim is wrong, however you've got default judgment because you didn't file a defence in time. The acknowledgment was actually out of time too ( max is 17 days from issue but you got away with that) .... The issue date is the 1st Sept so after acknowledgment your Defence date was 4 October 2017 - and they've gone straight in for judgment after that.

[Amethyst]

Re: Lowell v shirlthegirl's hubby

Soooooooooo options, you can apply to set aside the default judgment, but tbh this will cost you £255 which you wouldn't get back ( as it's your fault not the claimants that you got a default judgment ) so doesn't really seem worth it against a £351.49 judgment - plus there is potential for costs if your application fails and you can't show you have a reasonable prospect of success at defending the claim. Can you make the payment within 28 days ? ( stop the CCJ going on the register & your credit file )

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Thanks for that Amethyst. Bummer but there we go. We forgot about the defence to the court bit!

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Is there a checklist anywhere of the time and order to do things in please? Hope I will never need it but would be handy.

[Amethyst]

Re: Lowell v shirlthegirl's hubby

Very basics are;
Acknowledge Claim - within 14 days from Service ( 3 days allowance for postage - so 17 days from Issue )
Defend Claim - within 28 days from Service ( 5 days allowance for postage - so 33 days from Issue )

Might add them to the info section at the top of the forum actually, so they are a bit more prominent.