I submitted an MCOL claim against two defendants trading as the same business using their head office address.
The 2nd defendant, a sole trader notified the court of a change of address to what I assume is his home address and a bar was put in place for him, he filed his defence and a DQ was sent to him all on the same date.
General sanctions were made exactly one month later.
On 4th of November this month I received in the post a General Form of Judgement or Order ordering me to file a DQ with the CNBC on or before 7 days from service of this order which was dated the 24th October 2024. So I completed a DQ same day and emailed a copy for the attention of both defendants, totally unaware those general sanctions were against me.
I have several questions.
Will the court accept I never received the Notice of Proposed Allocation to Track and will they have proof of it never being sent to me?
Will the court accept my word that I only received the General form of Judgement or Order 11 days later than the date of service and I was totally unaware I had to complete a Direct Questionnaire.
Should I have received a copy of the 2nd defendant's defence?
I have not received copies of the DQ's from the two defendants.
Your opinions and advice would be very welcome.
The 2nd defendant, a sole trader notified the court of a change of address to what I assume is his home address and a bar was put in place for him, he filed his defence and a DQ was sent to him all on the same date.
General sanctions were made exactly one month later.
On 4th of November this month I received in the post a General Form of Judgement or Order ordering me to file a DQ with the CNBC on or before 7 days from service of this order which was dated the 24th October 2024. So I completed a DQ same day and emailed a copy for the attention of both defendants, totally unaware those general sanctions were against me.
I have several questions.
Will the court accept I never received the Notice of Proposed Allocation to Track and will they have proof of it never being sent to me?
Will the court accept my word that I only received the General form of Judgement or Order 11 days later than the date of service and I was totally unaware I had to complete a Direct Questionnaire.
Should I have received a copy of the 2nd defendant's defence?
I have not received copies of the DQ's from the two defendants.
Your opinions and advice would be very welcome.
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