CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

[FTMDave]

Given this mess-up about the DQ it would be a damn good idea tomorrow to check the status of the claim on MCOL.

[StoryBoard]

Claim History

DQ filed by claimant on 24/11/2022

DQ sent to you on 24/11/2022

General sanctions order was made on 06/01/2023

 

Latest on record today from MCOL website.

[AndyOrch]

Sanction Order against who ....You ?  Have you received an " Or Else Order " ?

[dx100uk]

On 18/01/2023 at 20:37, StoryBoard said:

Evening All

Next stage of correspondence received.

I have received a General Form of Judgement or Order today through the post which claims I have been sent Notice of Proposed Allocation to Track which specified the date by which you were required to return the Direction Questionnaire.

This Order is dated 6th January 2023 orders that the Defendant must file the DQ with the CCBC on or before 7 days from service of this Order. It continues that if not complied with your defence will be struck out without further order of the Court and the Claimant will be at liberty to enter judgement. It is now the 18th January.

Notes:

1. This letter was received via my Royal Mail redirection - First Class set up as I have since moved house since the last round of correspondence in November 2022. The letter was addressed to my previous address.

2. I have not received the items mentioned in the letter.

I will post the letter (redacted) up here shortly.

Comments and direction gratefully received.

Order attached.

Court Order 06_01_23.pdf 531.53 kB · 6 downloads

yes to the defendant re no n180 returned

[StoryBoard]

N180 form emailed off to the (Court) email address on 19/01/23.

Letter of same N180 posted to CEL (proof of delivery received) on 20/01/23.

 

Both included record of new address for any future correspondence:

1 in body of email to Court 

2 in separate letter to CEL in same envelope with the N180 posted out.

[dx100uk]

why 2 to cel?

and i hope you did not give cel a copy with your email/phone filled in?

 

 

[FTMDave]

8 hours ago, StoryBoard said:

Claim History

DQ filed by claimant on 24/11/2022

DQ sent to you on 24/11/2022

General sanctions order was made on 06/01/2023

 

Latest on record today from MCOL website.

Good news.

 

I was dreading you finding something, er, very bad.

 

Probably best to check every day for a few days though.

[StoryBoard]

Maybe my text was not clear? Apologies if that was the case.

I emailed 1 copy to court and posted 1 copy to CEL.

I did not include email or phone details, only new address to CEL.

[dx100uk]

[FTMDave]

What's the status on MCOL today?

[StoryBoard]

There is no further update. Last update was 6th January.

 

[FTMDave]

No news is good news.

 

The fleecers weren't able to nip in while your DQ was late and request judgement.

[StoryBoard]

Evening All

Can you advise if I am supposed to be doing something in the interim period since the DQ email submission?

Do I need to prepare anything?

I have heard nothing back from courts on the DQ and there is no update on the MCOL website.

What are the expected next steps and timescales?

Thanks.

[dx100uk]

you DQ reception should be noted on MCOL if they got it.

 

dx

 

[StoryBoard]

Bad news.

 

Received an email from CCBC on Sunday stating that my DQ was issued after deadline (stated 18th, response issued on 19th @ 1am) and is therefore considered as not filed and the defence has been struck out.

 

I now need to complete an N244 Application and N180 Directions Questionnaire together with a fee to CCBC.  Was advised if I disagree with that decision to complete these this before the claimant can issue a CCJ.

 

I haven't seen the N244 form so any help in completing would be appreciated. I'll look to do that tonight.

 

Was checking regularly on the MCOL website for an update and nothing was forthcoming and now has the following.

 

DQ sent to you on 24/11/2022

General sanctions order was made on 06/01/2023

Defence was struck out on 19/02/2023

Your defence was rejected on 19/02/2023

 

They did receive my correspondence as they have now changed my address which was part of the email submission.

[FTMDave]

This is bad news.

 

Do you know how much the fee is?

[AndyOrch]

35 minutes ago, StoryBoard said:

They did receive my correspondence as they have now changed my address which was part of the email submission.

 

But was that before or after your email ?

 

You never submit or use weekend dates in court claims ....always the Friday before (17th Feb by 4.00pm)

[FTMDave]

Can you please post up exactly what was written in their mail.

[AndyOrch]

It will require an application (without hearing so fee around £108.00) requesting relief from sanction imposed.

[StoryBoard]

{Email received from [email protected] on Sunday 19/02/2023 @19.43}

Dear Xxxxxxxxxxxxxxxxx,

Thank you for your email. 

Please note your Directions Questionnaire was initially due on 12/12/22. 

 As we haven’t received this document, a Sanction order was issued, you had now until 18/1/2023 to file your DQ. 

 Anything after that deadline is considered as not filed and your defence has been struck out. 

 What to do now 

If you disagree with this decision, you’ll need to apply to reinstate your defence by completing an N244 Application and N180 Directions Questionnaire. Please send these in with your fee to CCBC.  If you pay the application fee by phone, you can send the completed forms via email to [email protected]. 

 Where to find applications 

You can download the N244 from www.gov.uk   

Please post three copies with your fee to the above address or email it to [email protected]  

 Fees  

There is a £108.00 fee for this application to be dealt with without a hearing. If you prefer the case to be dealt with at a hearing at your local Court, the fee is £275.00.You should send your cheque or postal order (made payable to HMCTS) together with your application form to St Katharine’s House 21 – 27 St Katharine’s Street Northampton NN1 2LH. You can also pay by card by calling our Helpdesk number Mon - Fri between 9am and 3:15pm. 

 Help with fees  

Log into https://www.gov.uk/get-help-with-court-fees 

If the defendant is an individual, they may be given a Help with Fees, ‘HwF’ reference number which you need to clearly note on your application form. 

If you need more information  

Always have your case number with you when contacting us. 

You can call Helpdesk on 0300 123 1056 or email  [email protected] You may also visit the frequently asked questions (FAQ’s) at  www.justice.gov.uk

 Kind regards,

Xxxxxx

 

N9 and DQ Section
County Court Business Centre 

St Katharine's House 

21-27 St Katharine's Street 

Northampton 

NN1 2LH

{end of body of email}

_________________________

{The response above was to my email sent to [email protected] on 19/01/2023 @ 01.32} 

My request to amend the correspondence address was included in the body of the email. The N180 form was an attachment in same email. I have not received anything via post.

My address has been changed on their system as I asked them when I phoned them up today via their helpdesk number.

On 22/02/2023 at 12:18, Andyorch said:

But was that before or after your email ?

You never submit or use weekend dates in court claims ....always the Friday before (17th Feb by 4.00pm)

My request for a change of address was in the body of the email I sent on 19/01/2023 to [email protected] which included the completed N180 form.

Although not probably relevant driving licence, car insurance and V5C now all registered at the new address.

[FTMDave]

Well, it's unpalatable choices time.

 

1.  Do nothing.  In that case your defence will remain struck out and the fleecers will win.

 

2.  Pay £108 which you'll never see again and apply to have your defence reinstated.  You'll have to produce a short Witness Statement explaining about the move and that the paperwork wasn't redirected.  It's highly likely - but not certain - that the court will grant your request.  That will reset things to the point as if you had filed a valid defence.

 

If you decide on (2) you'd better get a move on.  i don't' know how long it is until the fleecers can apply for judgement but it won't be long. 

[StoryBoard]

Option 2 it will likely be.

I recognise the court process methodology and rigidity so no need for emotion, just get through these forms to determine the outcome.

 

The N224 form requested has some sections I'd appreciate direction on on how to answer these. Some are straightforward others not (and tick boxes also). I'll get onto this as soon as I have a bit more feedback and direction, if possible. Tomorrow (today) hopefully.

 

I'm also not clear what 'requesting relief from sanction imposed' refers to earlier in a post. I'd assumed this was potential recovery of the £108 but assume this isn't what was meant.

[dx100uk]

have a read of the zimbird thread page 3

 

[FTMDave]

10 hours ago, StoryBoard said:

I'm also not clear what 'requesting relief from sanction imposed' refers to earlier in a post.

The "sanction imposted" is your defence being binned.

 

You are requesting that that sanction be reversed.

 

If you want to get this done this evening I knock off work at 7pm UK time and can help out.

[AndyOrch]

Or rather failing to comply with a court direction IE failing to submit your DQ by said date.

 

Read here:- CPR 3.8/3.9

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.8