I received a sealed N1 Form a few days ago from MCOL. I don't wish to disclose too much about the claim by fear that the Claimant might read this forum.
I signed an order form with this trader after receiving a quote for 2 different jobs: part 1 and part 2. The cost was on the quote. Not on the order form. The terms and conditions attached by the trader only seem to cover part 2. They do not feature any breach of contract clause (although references to breach of contract are made throughout the document). Part 1 was supposed to take 1 day. Part 2 was supposed to take another day.
After 1h, the trader decided not to complete part 1 and buggered off. He then sent me an invoice asking for full payment of Part 1. I chose to ignore. He then sent my wife two unsealed N1 forms. Our two names were on both forms. Later, he made a claim through MCOL and we received two sealed N1 Forms: one for me, one for my wife. No Particulars of claims were attached as the claimant stated on the N1 Form they would follow. To this date I haven't received the POC. MCOL hasn't received them either.
This morning I emailed MCOL ccmcce.etc... with our two acknowledgements of service. I also emailed them scans of the envelopes and unsealed N1 forms asking them for their views. I have until early July to send back our defence. I wish of course to defend against the full amount of the claim.
A few questions for the experts on this forum:
- I wonder what my next step should be? Should I send a CPR 31.16 letter to the Claimant? Or a CPR Part 18? Or nothing?
- Will I receive confirmation from MCOL that I have an extra 14 days?
- Since I signed the order form, how can I close the claim against my wife - the second defendant?
- Can I use the fact that the T&Cs attached to the order do not cover for Part 1 and do not feature a breach of contract clause, or liabilities covering this claim, to defend against the full amount of the claim?
- Can I use the fact that the contractor breached the contract without "substantially performing its obligations" to defend?
- The contractor was supposed to send 5 workers and only sent 2. Can I use this for misrepresentation?
- Any other advice?