Countrywide/BW pcn claimform - 7-11 Provost Street Fordingbridge .SP6 1AY

[FTMDave]

Yes, you should be extremely worried, if you don't respect the second deadline to file the DQ you lose the court case by default.

Reply to [email protected] today.

Attach your DQ.

Send a covering e-mail saying you did promptly send the DQ to [email protected] on XXXXX and attach acknowledgment receipt.

Plus that the court order of 10 November to file within seven days was only received today.

Get that done by e-mail now.

Then, belt & braces, send off a 1st-class Royal Mail letter with free Certificate of Posting repeating everything.

[AndyOrch]

ccmcce-filing@justice.gov.uk  is for Salford manual claims not MCOL

[L_C]

I’ve emailed the covering letter and attached the DQ, original sent email and automated response receipt.

[FTMDave]

[L_C]

After a couple of emails back and forth when I escalated this in November because the office administrator couldn't open my attachments which contained proof of my original DQ email and confirmation of automated response,

8 weeks later I have received this update:

Dear Sir, 

Thank you for your Directions Questionnaire.

Unfortunately we cannot process it as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions after a couple of emails back and forth when i escalated this in november because the office administrator couldn't open my attachments which contained proof of my original dq email and confirmation of automated response, 8 weeks later i have received this update: dear sir,  thank you for your directions questionnaire. unfortunately we cannot process it as it has been received outside of the time allowed.  the defence has now been struck out.  if you would still like to contest the claim you will need to apply to re-instate the defence.  this application should be made using an n244 application notice and should be accompanied by a completed directions questionnaire.  you will need to explain why you did not file your directions questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. all forms can be downloaded from www.gov.uk  if the claim against you was for over £10,000 please attach an n181 directions questionnaire; for claims of £10,000 or under, please attach an n180 directions questionnaire. you will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. there is a £108 court fee to process the application without a hearing or a £275 court fee to process the application with a hearing, payable by cheque or postal order to hmcts or by card by calling the helpdesk between 9am and 3:30pm.  alternatively, if you are an individual (and not a company) and believe that you may be eligible for help with fees, you can apply for help by completing an ex160 application. if you pay the application fee but believe you are eligible for help with court fees, you have three months to successfully apply for a refund using the ex160 form.  you can also apply for help with fees online at https://www.gov.uk/get-help-with-court-fees please note, applications are not automatically granted. the outcome of your application is at the discretion of the district judge or court appointed legal advisor. if you require any further information please contact our helpdesk on the number above. alternatively, you can email us at [email protected]  please ensure that you state the above case number in the subject heading of your email. kind regards, Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.gov.uk

If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under, please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court.

There is a £108 court fee to process the application without a hearing or a £275 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:30pm.  Alternatively, if you are an individual (and not a company) and believe that you may be eligible for help with fees, you can apply for help by completing an EX160 application. If you pay the application fee but believe you are eligible for help with court fees, you have three months to successfully apply for a refund using the EX160 form.  You can also apply for help with fees online at https://www.gov.uk/get-help-with-court-fees

Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor.

If you require any further information please contact our helpdesk on the number above. Alternatively, you can email us at [email protected]  Please ensure that you state the above case number in the subject heading of your email.

 

 

Kind regards,

[FTMDave]

This is extremely bad news.

8 hours ago, L_C said:

There is a £108 court fee to process the application without a hearing or a £275 court fee to process the application with a hearing

 

[lookinforinfo]

Included in your email you can say that you did send it in time albeit to the wrong address. It would have been helpful if the government dept.  had written back advising that the address was wrong so you could have  simply changed the address and it would still have been in time.

it would help your case I think, if you include the original DQ as proof that it was sent. You might also point out that it seems unfair that you are being charged a Court fee now when you did comply with the instructions back in September.

[FTMDave]

I think the OP has already done all that LFI.

[L_C]

I have indeed . Since the fee with a hearing is above the balance, is my preferred option to regard this as done and pay?

[AndyOrch]

You filed your DQ initially in Sept 23 ? Then again Nov 23 ? and it takes 8 weeks for them to respond?

Ideally you should make an application for relief from sanctions Pursuant to CPR 3.9.1 without a hearing as it can be determined on the application alone. (£108.00) which you request costs in making that application but not from the claimant but the court for misadministration. 

Civil Procedure Rule 3.9(1) specifically details two factors that the court must consider when addressing all of the circumstances of the case: “On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need – (a) For litigation to be conducted efficiently and at proportionate cost; and (b) To enforce compliance with rules, practice directions and orders.”

 

Andy

 

 

[FTMDave]

Have a read of page 4 of this thread, the person ended up in a similar - not exactly the same but a similar - scrape

https://www.consumeractiongroup.co.uk/topic/450714-cel-anpr-pcn-paploc-now-claimform-morrisons-butterfly-walk-car-park-denmark-hill-camberwell-london-se5-8rw/page/4/#comments

 

Edited February 7 by FTMDave
Typo

[L_C]

Thanks both,

I’ve been in hospital until this morning so will look in to these right now.

I also received this notice of pending CCJ letter from Countrywide while I was in.

Is this accurate and the way to pay or should I have received something official from the courts as I still haven’t yet

Here are my defendant transactions on the MCOL.

Recent Transactions for Defendant
Claim Status
• A claim was issued against you on 19/07/2023
• Your acknowledgment of service was submitted on 03/08/2023 at 15:25:34
• Your acknowledgment of service was received on 04/08/2023 at 08:05:27
• Your defence was submitted on 16/08/2023 at 21:31:29
• Your defence was received on 17/08/2023 at 08:05:53
• DQ sent to you on 12/09/2023
• DQ filed by claimant on 02/11/2023
• General sanctions order was made on 10/ 11/2023
• You filed a DQ on 28/11/2023
• Notification that you filed a DQ removed on 28/11/2023
• Defence was struck out on 27/01/2024
• Your defence was rejected on 27/01/2024

Notice of pending CCJ .pdf

[dx100uk]

your defence has been struck out because you failed to comply to the general sanctions made 11th .

they can apply for judgement now.

dx

[L_C]

This is Sanctions letter for ‘failing to file the DQ’ dated 10th November but didn’t receive until the 28th November 

I had no opportunity to respond in their 7 day time frame.

I then forwarded proof of sending the DQ with automated responses which is where I had the back and forth with the administration team.

Looking at my transactions, it shows there was a DQ filed on the 2nd November before the sanction order was made for not filing. Shouldn’t this be acknowledged?

Also the transactions show me filing it again and then it being removed on the 28th November which is when I followed up via email after receiving the sanctions letter

[FTMDave]

It was the claimant who filed on 2 November.

You've been incredibly unlucky but it looks like the court have rejected your arguments about the DQ

[FTMDave]

Any update here?

I ask as we have someone in a similar situation.