MBNA Charges - refused

[AndyOrch]

Witness Statement ...where did you submit your DQ to?

[up2meears]

I sent it to Northampton

 

Thanks for the WS - makes sense now

[AndyOrch]

Is Northampton your local County Court?

[up2meears]

No it's not, but in section D of the DQ it asks for venue, where I entered my local court.

[AndyOrch]

Was this the N180 or N181?

[up2meears]

It was N180. And I sent it to the address of St Katherines House as stated on the N149A received with it.

[AndyOrch]

But on the top right corner of the N180 (name of Court....Claim number )was that completed with Northampton Court?

 

Underneath you will note:-

 

You should note the date by which this questionnaire must be returned and

the name of the court it should be returned to since this may be different from

the court where the proceedings were issued.

[up2meears]

That's right it does show that and the N149A which I received with it says:

 

Take Notice That

 

1. This is now a defended claim

 

2. It appears this case is suitable for small claims track

 

3. You must by 16th Dec 2013 complete the small claims DQ (form N180) and file it with the court office

Northampton CCBC , 4th Floor St Katherines House etc

 

4. By the same date the fee is due

 

That's why I sent it to CCBC - should MBNA have sent theirs there and not email?

 

Thanks again

Up2

[AndyOrch]

I am not aware that they can be submitted by email .......now you see my train of thought and questioning:wink:

[Mike_hawk]

I file mine at [email protected] for part 7 claims without problem [yet]

 

Might be useful to track down the court manager at Chester and get the case transferred to your home court

[up2meears]

I started falling in as I was typing what the N149A said.

 

The N149 was dated 29th Nov, the N180 was meant to be submitted by the 16th December and MBNA said they emailed it on 11th December. Then the order arrived over the xmas period and wasn't noticed until 3rd Jan.

 

I will start getting a witness statement together tomorrow

 

Thanks andy, stay close

 

Up2

[up2meears]

I file mine at [email protected] for part 7 claims without problem [yet] That's the second address they sent to. Is a part 7 claim the same as a DQ? This didn't mention submitting via email otherise I would have done the same for speed.

 

Might be useful to track down the court manager at Chester and get the case transferred to your home court

 

Thanks Mike, I will be on this on Monday

[AndyOrch]

Originally in the days of AQs they were always returned to the local county Court (once a claim was defended CCBC then transferred it to your LCC ) and it was the LCC that sent you the blank AQs to return to them......so they never went near Northampton.

 

Since the intro of DQs as Mike states above he has had no problems ...but it does not state on the forms they can be emailed.

(unless I have missed it) but I know there are plans long term for electronic submission of the DQs...

[Mike_hawk]

Moneyclaim by definition would fall within part 7, see CPR 7 and practice directions 7A thru 7E.... yours being 7E

 

Contact details for Chester can be found here https://courttribunalfinder.service.gov.uk/courts/chester-civil-justice-centre

 

Hopefully you'll get someone sensible on the other end of the line and s/he will arrange transfer without further cause to intervene

 

Bulk center guidance notes here http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf page 16 for filing of DQ

 

N180's are still served with form stamp N149A at the footer.... if only to add to the confusion :-?

[AndyOrch]

If you have been sent a questionnaire to complete this must be returned by the date

specified. Failure to do so may result in your claim being struck out. If there is a fee to pay you

may send a cheque or postal order made payable to HMCTS with the questionnaire.

Alternatively you may pay by card over the telephone between the hours of 9.30am – 3.30pm

Monday to Friday and submit your questionnaire via email to [email protected] For

information on the fees payable you can download booklet EX50 from

http://www.justice.gov.uk/forms

 

 

There is is in black and white...thanks Mike

[AndyOrch]

Once all parties have filed their questionnaire the case will be transferred to the mediator /

local court to continue. If you are making a claim against an individual, the claim will be

transferred to their local court. If you are making a claim against a company, the claim will be

transferred to your local court, or to your solicitor’s local court. You can search for your local

county court using the following website: http://hmctscourtfinder.justice.gov.uk. If you have

good reason for the claim to be dealt with at a different court, you can explain this on the

questionnaire. Your request will be considered by the District Judge when they are deciding

what should happen next (please be aware that the defendant can also make such a request).

[Mike_hawk]

Don't forget it is also subject to CPR 26.3 and 26.6....... service of DQ, no service equals further cause to deny relief

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26#26.3

[up2meears]

In their witness statement they state:

'The email address to which the completed DQ was sent is listed on the MOJ website as being the correct address for defendants to use for the N/hampton CCBC (at http://www.justice.gov.uk/courts/northampton-bulk-centre/county-court-bulk-centre) A copy of a printout from the MOJ website is exhibited.....

 

So they have read the wrong instructions and submitted to the wrong place?

 

Thanks for this guys - I'd be lost by now

[Mike_hawk]

It may get away with it, doubtful if you or I would though!

 

Did it serve a copy on you and if so is it noted within its ws?

[up2meears]

Yes Mike, I received a copy the day after deadline, and it was mentioned in their WS.

[Guest]

hi up2

andy and mike looking in, thats good

looks like then, they applied for set aside in time?

seems maybe there has been an admin error somewhere seeing as mbn say they sent DQ in time to that email address mike and andy point out as the one to use. maybe the court didn't tie things up properly (if their DQ was sent in time as they assert)? and did you get earlier notice soon after the 14 jan of their set aside app'n? and, seems should be your court? courts fault then?

[up2meears]

I don't think they submitted it to the correct address. There is no email address for submission on the N149A/N180 so they have used an address they have gotten from the MoJ website. As per Andys post at #190 the guidelines give clear direction which email address it should be sent to (this is the second one they used - out of time)

[Guest]

oh ok, the second one they used (the correct one) was out of time. soz, i thought it said they sent it to 'correct' one in time. looks like then they say later realised they sent the first one to an incorrect email add.?

as mike poses, will they 'get away with it'?

you didn't though get prompt notice from the court of their set aside app'n?

[up2meears]

I received notice of their intention to set aside on Thursday and a copy of their N244 and WS yesterday

[up2meears]

Their N244 is dated 14th Jan, but when I called the court on 31st Jan there is no record of this, Wrexham have date stamped it 11th Feb - there is still no record of this on MCOL either?