Where do I go from here?

[nemesis45]

Re: Where do I go from here?

Before you assume the worst check with the court to see if they've made an error which can be undone.

From what you say the claim form was received within the deadline for filing the Acknowledgement of Service albeit the summons was sent to the wrong address. Nevertheless it was received with arguably enough time to respond. You have 19 days from the Issue Date to file the AOS.

You then say you filed the AOS within the deadline but may have not ticked one of the boxes. The court acknowledged receipt of your AOS by email. Maybe they should have put a bar on the claim at that point to prevent a Default Judgment request being accepted.

What was the box you failed to tick?

Did you tick the box which said you (daughter) intended to defend all of the claim?

Did you tick another box which may have been misunderstood to have been an admission of the claim?

Before you go down the route of a set-aside (£255 application fee, a Witness Statement and Draft Defence to prepare followed by a hearing at your local County Court attended by her ex to decide whether to set it aside or not) maybe it makes sense to check whether that's the right legal process since your daughter did in fact receive the claim (and respond) within the deadline.

One step at a time because if HMCTS have messed up (they may not have, but let's see) then they will have to put things right.

Fill in the blanks about the AOS which was filed so it's clear where the issue lies.

Di

I'll leave this with you Diana M to take to conclusion.

nem

[Diana M]

Re: Where do I go from here?

I'll leave this with you Diana M to take to conclusion.

We're at the early days research stage so a variety of input from all of us will help the OP. 'Two heads are better than one' as they say

I think it's a good thing to explore the potential Defence arguments for when they are needed. It's wise to be proactive.

Either way a Defence is going to be needed following a successful set-aside application or an 'undoing' of any cock-up by MCOL.

Di

[AJR]

Re: Where do I go from here?

By the claimant

[AJR]

Re: Where do I go from here?

It was the box on the n009b in section 1 saying I dispute the full amount. I thought I had ticked it, but obviously not

[Diana M]

Re: Where do I go from here?

It was the box on the n009b in section 1 saying I dispute the full amount

Okay, I think you mean that was the box you didn't tick.

What is the Issue Date on the claim form?

Did you scan and email the AOS or did you file it online?

What is the date MCOL emailed you to confirm receipt of your AOS and noted that you failed to tick the right (or any?) box?

What box (if any) did you tick or did you simply fill in the signature bit?

You then sent back the form with the correct box ticked, so what date was that?

What date did MCOL email you to say they'd received your amended AOS?

What is the date on the Default Judgment?

Di

[AJR]

Re: Where do I go from here?

Date of service was 12/09/16 I'm presuming that's the issue date?
I e-mail it to them directly on the 22/09/16 receipt received within minutes.
Documents returned to me on 28/09/16
sent back with apologies on 29/09/16 via e-mail, receipt returned within minutes
e-mail received yesterday saying default judgement was on 28/09/16, the day they returned the paperwork.

[Diana M]

Re: Where do I go from here?

He just states my daughter owes him the full amount of money for a deposit and 1 months rent.

If your daughter signed a joint tenancy agreement with her (now) ex then it's possible that she would have been jointly and severely liable for everything owed/due under that contract.

However that money would have been due to the Landlord and not any third party unless there was another contract/loan in place with the third party which was linked to her in some way. You say not, but you need your daughter to be straightforward with you on that because even an exchange of text messages can sometimes be enough.

I tend to post this link when asked about evidence of 'casual' loans/gifts which turn soar > http://www.thisismoney.co.uk/money/e...-pay-back.html

As nemesis has said, post up the POC so it's clear what and why the Claimant believes the court can order your daughter to pay him anything.

So just to clarify, as said in your first post, the Claimant is not your daughter's ex they're your daughter's ex's friend.

My daughter has never borrowed money from this person, who is a friend of her ex-partner. She assumes the money was leant via discussion between her ex and his friend, for a deposit on a flat and states she has never had any discussions with him regarding money. Her ex-partner is not being taken to court for this debt.

And to further clarify if your daughter's ex partner was (which he isn't) being taken to court by his friend then he would join your daughter into the proceedings under Part 20.

Quite frankly I can't see what any of this has got to do with your daughter but it's still a court claim which she has to deal with nevertheless.

Di

[AJR]

Re: Where do I go from here?

Yes you are right, the claimant is my daughters ex-partners friend. She is adamant there is nothing to link her to this sum of money.

- - - Updated - - -

Thanks nem and Diana for your assistance

[Diana M]

Re: Where do I go from here?

Date of service was 12/09/16 I'm presuming that's the issue date?
I e-mail it to them directly on the 22/09/16 receipt received within minutes.
Documents returned to me on 28/09/16
sent back with apologies on 29/09/16 via e-mail, receipt returned within minutes
e-mail received yesterday saying default judgement was on 28/09/16, the day they returned the paperwork.

The issue date is stated on the top right on the first page of the claim form N1.

The AOS must be filed no later than 19 days after that.

Call NCCBC on Monday morning to ask why a bar wasn't put on their database (preventing a default judgment being requested online) when they first received your AOS.

If they argue that your AOS was incomplete (so returned) then argue back that it's not your fault that they (NCCBC) took six days to contact you about the error which you corrected within 24 hrs from them alerting you.

If the conversation doesn't go very well then ask to speak to a manager - they tend to be better trained to deal with these types of issues.

Be polite but at the same time make some low level noise about making a complaint to HMCTS.
https://www.gov.uk/government/organi...ints-procedure

Di

[AJR]

Re: Where do I go from here?

Thanks for this Di, it's interesting that there is no issue date on the N1 form, it's covered with a barcode and case ref number sticker. I can see through the sticker and no issue date showing.

[Diana M]

Re: Where do I go from here?

there is no issue date on the N1 form, it's covered with a barcode and case ref number sticker. I can see through the sticker and no issue date showing.

Could this have been a summons issued by 'personal service' direct by a county court not MCOL?

Which court have you been emailing?

Personal service claims can be issued and served separately (different dates).

Di

[AJR]

Re: Where do I go from here?

I was not aware there were 2 separate places. The emails I have received are from Salford,county court money claims centre. Does that help?

[nemesis45]

Re: Where do I go from here?

Claims processed through Salford CCMC, are different in one way from others in that the date a claim is received at the court is considered the point of " action" in relation to Limitations questions rather than the " Issue" date hence no date in the to RH corner.

nem

[AJR]

Re: Where do I go from here?

Thank you so much. I will phone them tomorrow and keep you updated.

[AJR]

Re: Where do I go from here?

Aaarrggh! I spoke to someone who, was quite unhelpful. I asked them why a bar had not been put on the claim, his response was paperwork was incomplete. So I raised the point that it had taken someone six days to return the paperwork, and was told that's the standard turn around time so no error on their part ,However if I feel they have made an error then this would have to be investigated. I was getting nowhere fast so asked to speak to a supervisor, and was told they would only say the same thing as I had just been told, he never said I couldn't speak to a supervisor but never got one.