Where do I go from here?

[nemesis45]

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.

You could make a complaint to the court manager in writing if you want to take this further.

nem

[AJR]

Re: Where do I go from here?

Thanks nem, May do that, I will phone again tomorrow when I'm a bit calmer. My argument is that if the bar was not put on their database because the form was incomplete, why do they have to wait 6 days to "turn it around". How would I go about making a complaint?

[Diana M]

Re: Where do I go from here?

Did you at least discover the Issue Date since you say it wasn't on the summons?

Di

[nemesis45]

Re: Where do I go from here?

Did you at least discover the Issue Date since you say it wasn't on the summons?

Di

This was issued via Salford Money Claims Centre which use the date the claim received at the court not an " Issue " date.

nem

[Diana M]

Re: Where do I go from here?

This was issued via Salford Money Claims Centre which use the date the claim received at the court not an " Issue " date.

In this case the OP says the claim wasn't "received" until 10 days after it was "received" at the wrong address for the Defendant.

Di

[nemesis45]

Re: Where do I go from here?

In this case the OP says the claim wasn't "received" until 10 days after it was "received" at the wrong address for the Defendant.

Di

Still wont have an issue date if it's via Salford.

nem

[AJR]

Re: Where do I go from here?

Did you at least discover the Issue Date since you say it wasn't on the summons?

Di

Yes no date of issue, just date of service 12/09/16. Defence form had 14 days to get back to the court from the date of receiving the form at address.
However this did not go to our address.

[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.

It's now clearer what has happened. It wasn't until post # 27 that the Salford CCMCC was introduced after I asked you who you'd been emailing.

Salford issue claims by post and communicate by email so you don't interact with MCOL which makes it harder to adhere to deadlines because you're not in control of inputting information into the computer system.

The top right hand corner of the claim form should have the Date of Service under/below the barcode (or written across a court seal sometimes). You say that date is 12th September. This means Salford CCMCC would have issued the claim two 'postal' days before because they 'deem' a claim to be served two days after they post it. They use postal days not calendar days. In essence they predict the service/received date even if Royal Mail are slower in reality.

From then you would have 14 days to file the AOS so the deadline would have been 26th September.

You filed it on 22nd September so well within the deadline and you had an email receipt to prove it.

However the form was incomplete but you didn't realize that until they emailed you on 28th September which was after the AOS deadline expired.

Although the mistake was corrected and returned on 29th September that was still after the deadline (of the 26th) which enabled to Claimant to get a Default Judgment on the 28th September.

Obviously if the court had contacted you sooner then this wouldn't have happened but I expect they'll say it was your responsibility to file a correct form in the first place. This makes me think you have a slim chance of getting them to accept they were at fault even though a six day response time seems unreasonable when meeting deadlines are critical.

This claim is in your daughter's name. Did she sign the AOS which you filed and was she emailing the court or did she give the court authorization to deal with this on her behalf?

What this may mean is you'll have to go ahead with a set-aside based on the fact the claim was served on an address where your daughter wasn't living (even though she eventually got it).

You say that was the address she was living with you in 2011. The Claimant should take reasonable steps to confirm a Defendant's address before issuing a claim. Since this claim is from a private individual and not a bank etc who would have access to the CRA files and electoral roll, was there any reason why the Claimant would think the claim would reach her at that address? She did get 10 days later so is there still a connection between her and that address if she's not lived there for five years?

And would there be any reason for the Claimant to know where she is now living?

Di