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Did not receive a Notice of Proposed Allocation to Track

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  • Did not receive a Notice of Proposed Allocation to Track

    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.

    Tags: None

  • #2
    Document deemed served on 26.10
    7 working days plus 2 weekend days, means DQ to be filed by 4pm on 4.11
    By my calculation of dates, you filed within the deadline
    The court is more lax with rules on the small claims track

    Comment


    • #3
      cpr 15.6 states a copy of the defence must be served on every other party, but doesn't state whether the court or defendant should serve it
      MCOL implies that the court will send a copy of the defence to the claimant
      You should phone MCOL helpline and ask about the defence document. You stated the 2nd defendant filed his defence

      Comment


      • #4
        Thank you for your reply.

        I phoned the MCOL helpline at 8.30 a.m. this morning and they were most helpful.

        I was told the defendant should forward a copy of their defence to the claimant which they have not done in this case and neither have they returned their DQ's either.

        I will have to wait a couple of weeks now to know what has been decided by the court.

        Comment


        • #5
          Not sure that is correct
          Please see MCOL Guidance for Claimant
          Last sentence of the 1st para under the heading "Types of response"
          "The court will post you a copy of the document"

          You should phone again and point out this guidance note

          Comment

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