EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property

[Jase1982]

Ok, I'm still no clearer but I'll put no and hope for the best

[dx100uk]

if you dont attend court if/when there ever is a hearing at your local court you will lose..end of.

 

dont forget to not only put no but the reason too from the guide

 

dx

 

[Jase1982]

Well I'm hoping something comes out of mediation or they give up as does happen with lots of these cases.

 

There's also a column at the top next to claimant no. that says 'in the'... do you know what I put here?

 

thanks

[AndyOrch]

In the (name your local county court)

[Jase1982]

Morning, I received the attached copy of DQ form through to my email today.  Which is over 2 weeks after the deadline.  Is this allowed?  Had I not filled it in time I'd lose.

 

I also received a copy of Notice of change of legal representative form, which isn't great, so I've been unable to properly redact it and attach it here.  In summary, it basically says that they are now no longer represented by the legal representative stated on the claim form, and he will now be representing the case himself.  His position is Litigation officer.

 

Two things struck me ... 1. why would they send all this via e-mail when there's no guarantee I'd receive it, and given they instructed me to send all correspondence to their legal representative (who now is no longer involved in the case), they probably wouldn't have received a copy of my DQ form as I sent it to their legal representative.  Were they ever involved at all as I've not had a response to my CPR request.

 

2. Where it asks whether the case could be considered without a hearing, they have ticked yes.  So, they are basically saying that here is a bit of paper and here is a figure owing, this is what you owe and the case is closed and shut.

 

Any advice would be appreciated as MCOL still has no update since 3/4/23.

 

Claimants DQ by email.pdf

[AndyOrch]

Its not dated so may have been filed with the court on time....check the status on MCOL claimant DQ received  dated xxxxx.

 

Change of Sol irrelevant.

[Jase1982]

On MCOL it just says DQ sent to me 3/4/23 and case stay lifted 3/4/23...

 

What happens if he's requested to have no hearing, yet I've requested one?  What is he hasn't filed this by the due date as it looks to me as though he hasn't and has just sent me this filled in and completed.  I have no way of knowing if the court has received, other than MCOL, and MCOL says he hasn't filed their DQ.  In fact, MCOL says I haven't filed mine, even though I have

[AndyOrch]

Keep an eye on it until its updated...normally DQs are sent to both parties same date when a stay has been lifted.

 

What date were they supposed to be filed by ?

[Jase1982]

They were supposed to be filed by 4pm 20th April

[Jase1982]

So, it's been 2 weeks since I had that e-mail from someone at E.on (Subject of this thread is incorrect btw).

 

MCOL has also not been updated at all and I've received no further information through the post.

 

Does anyone have any advice on whether this is normal?  I've fought cases before but I don't recall it taking a month for a DQ to be filed and processed.  I'm just wondering if this guy is bluffing and hasn't actually filed it?  Any insight would be appreciated

[AndyOrch]

You can only go on the MCOL status page ...if last entry defence filed then that's where its at.

[Jase1982]

So it's now been more than another week and the status hasn't changed on mcol.  Does this thing ever get stayed again?

[dx100uk]

it won't show stayed on MCOL ....its automatic court process.

[AndyOrch]

Cant ever be stayed anyway now once DQs have been submitted...it can be struck out if the claimant fails to submit their DQ on time or if the defendant fails to submit on time the defence can be struck out and judgment for the claimant.

Its an allocation delay which will be with your local county court nothing to do with MCOL now.

[dx100uk]

On 04/05/2023 at 11:33, Jase1982 said:

On MCOL it just says DQ sent to me 3/4/23 and case stay lifted 3/4/23...

[FruitSalad1010]

I think it is unlikely that a claim will be stuck out immediately if a DQ is not filed on time. If you read the wording on the court directions issued by the CCBC it usually says "may be struck out".

I think it is probably standard practice that the court will issue an "unless order" giving the party in default of the directions one last chance to comply.

MCOL records are not gospel. The processing time of the court means that documents received, perhaps on time, may not be recorded as filed until a later date.

While this may appear confusing I suppose in a way it is technically correct, a document may have been received on time and probably marked in some way to show when it was received, but is actually filed on a different date commensurate to the workload of the court.

[AndyOrch]

Quote

I think it is unlikely that a claim will be stuck out immediately if a DQ is not filed on time. If you read the wording on the court directions issued by the CCBC it usually says "may be struck out".

I think it is probably standard practice that the court will issue an "unless order" giving the party in default of the directions one last chance to comply.

I didn't say immediately and obvs there would be an " Unless Order " 

[Jase1982]

Just an update.  I checked again on Monday 19th and MCOL is now stating that I filed a DQ 16/06/23

[AndyOrch]

And yet you filed it 20th April the courts must be creaking   Next will be the Proposed or Notice of Allocation N157///come back when you receive this....hopefully it will be before December 

[Jase1982]

MCOL now says transferred to my local magistrates court on 30/06/2023

[Jase1982]

Morning,

I received a letter yesterday from the local magistrates Court saying the following...

IT IS ORDERED THAT UNLESS THE DEFENDANT DO FILE THE DIRECTION QUESTIONNAIRE BY 12:00 ON 9TH AUGUST 2023 HIS STATEMENT OF CASE SHALL BE AUTOMATICALLY STRUCK OUT AND JUDGEMENT SHALL BE AUTOMATICALLY ENTERED FOR THE CLAIMANT

 

I'm a bit confused because I filed my DQ before they did in line with the timings already set out by the court.  It was the claimant that filed there's weeks after the deadline.

Can someone please advise?  Thanks

 

Maybe they've sent this demand to the wrong party?

mcol says I filed my DQ 16th June, even though I filed it in April.  There's nothing on there about their DQ having ever been filed.

[dx100uk]

weve seen that before.

we've also seen people not read the letter properly.

 

scan it up

 

dx

[Jase1982]

Hi, please see attached.

Adobe Scan 29 Jul 2023.pdf

[dx100uk]

time to give the court a ring me thinks..

though there is not harm in sending a copy of your courts N180 again by email to the court querying the N24 they sent referencing the existing MCOL entry 

[Jase1982]

Ok I'll give them a call next week.  I'm confident they have the claimant and the defendant mixed up.  That must be it as they've not filed the DQ according to MCOL