court claim asking for amount plus 'costs'? **Claim Discontinued**

[Andyorch]

They have 28 days to respond to your defence...if they fail the claim is stayed...if they do... the claim is allocated and proceeds to court.(your Local County Court)

[Buel10]

Bad news!

I just received this email:

 

Good afternoon,

 

Thank you for your email.

 

Please be advised that the Court is unable to process the below response as it is not clear which Defendant you are responding for. Please note that if you are responding on behalf of a Defendant you must be a legal representative or a litigation friend. For either option evidence must be provided that you have the legal capacity to act on behalf of the Defendant.

 

If you are responding as a defendant please clarify which defendant is replying to the claim by printing your name at the bottom of the Defence.

 

Kind regards,

 

Nicola Acton

DQ and N9 Team

CCBC Northampton

 

 

I promise I gave the claim number, the Complainant and the Defendant's details in the subject line AND in the email??

How bad is this please Andy?

[Andyorch]

Not to worry they are just very particular...did you not submit the defences using your friends and builders email accounts?

 

Re submit the defences and type the name of the defendants on each appropriate one and a date.

[Buel10]

Not to worry they are just very particular...did you not submit the defences using your friends and builders email accounts?

 

Re submit the defences and type the name of the defendants on each appropriate one and a date.

 

Neither of them have an email address so I used my email address, which I registered to one of them when I registered on MCOL.

 

Whilst you were replying, I re-sent them with 'Signed, xxxx xxxx' (x meaning each name) at the bottom but no date.

Shall I re-send again but with the date added?

What about the 4pm deadline?

[Andyorch]

No its should be ok.......you have proof with your email the date and time sent.( I assume the first set was sent before 4.00pm?)

[Buel10]

No its should be ok.......you have proof with your email the date and time sent.( I assume the first set was sent before 4.00pm?)

 

Good morning Andy.

Yes, both originally sent before 4pm (1pm and 3pm), second versions (with names added at the bottom of the email) sent at 5pm and a third version (with names and yesterday's date added) sent at 9pm last night.

I received the automated replies for all of them.

Thank you Andy!!!

[Andyorch]

[Buel10]

Good morning Andy.

Yes, both originally sent before 4pm (1pm and 3pm), second versions (with names added at the bottom of the email) sent at 5pm and a third version (with names and yesterday's date added) sent at 9pm last night.

I received the automated replies for all of them.

Thank you Andy!!!

 

One last question, if that's ok Andy - If they do respond to my friend's defence, will I/my friend see this on when he logs in to MCOL?

[Andyorch]

No...it should state claim acknowledged...defence submitted...that is were MCOL finishes.....if they do respond the claim will be transferred to your local county court after you submit DQs (Directions Questionnaire)...if they dont respond it is stayed and the claim stays at Northampton (MCOL)

[Buel10]

Hi Andy,

The questionnaire has apparently arrived. Will my friend need a hand filling this in?

[Andyorch]

Really you only posted the defence Monday....... are you sure ? the DQ is numbered N180 and normaly takes 2/3 weeks after submission of a defence.

[Buel10]

Really you only posted the defence Monday....... are you sure ? the DQ is numbered N180 and normaly takes 2/3 weeks after submission of a defence.

 

I will check in one hour, he did seem quite specific on what it was.

 

Bear with me.......

[Buel10]

I will check in one hour, he did seem quite specific on what it was.

 

Bear with me.......

 

Sorry about that Andy, I've been away but am now back. I hope all is well.

My friend has just given me the envelope that arrived and it says it is a 'Notice of proposed allocation to the small claims track'and says that the enclosed 'Directions Questionnaire' must be completed by 21st November.

 

Will he/I need any help filling it in, please?

[Andyorch]

I thought it was a long hour.....

 

All the help is enclosed within the N180 how to complete...it important to agree to mediation...the rest is self explanatory...it must be filed with the court and a copy served on the claimant by the date stated.

[Buel10]

I thought it was a long hour.....

 

All the help is enclosed within the N180 how to complete...it important to agree to mediation...the rest is self explanatory...it must be filed with the court and a copy served on the claimant by the date stated.

 

Brilliant! Thank you! And then we wait........

[Buel10]

Brilliant! Thank you! And then we wait........

 

Hi again!

OK, both forms filled in (agreeing to mediation) and being sent via recorded delivery tomorrow.

Please can I ask what the next stage is? How would my friend find out if the claimant doesn't proceed further?

[Andyorch]

The claimant/defendant contacts the mediation with view to arranging a mutual teleconference date.

[Buel10]

The claimant/defendant contacts the mediation with view to arranging a mutual teleconference date.

 

So both the claimant and the defendant will soon receive details of the mediation?

 

Please can I also ask what happens next if the claimant did not choose to agree to the mediation?

[Andyorch]

So both the claimant and the defendant will soon receive details of the mediation?

 

Please can I also ask what happens next if the claimant did not choose to agree to the mediation?

 

Only after you have contacted them and arranged it.

 

All parties are expected to participate in mediation.

[Buel10]

No problem.

Thank you for that!

[Buel10]

No problem.

Thank you for that!

 

Hi Andy.

My friend still has not heard anything from anyone. Please can I ask if there is a time limit on when the next action is taken?

[Andyorch]

What are you expecting to hear Buel ? As stated its for you or the Claimant to arrange mediation and with regards to the process the timetable of actions is listed within your Notice of Allocation.

 

Regards

 

andy

[Buel10]

Apologies for my ignorance. I think I was expecting the claimant to start proceedings, being as they are the ones who are unhappy with the situation.

I guess Im asking what happens if my friend does nothing?

[Andyorch]

As the defendant...he really does not need to do anything..except follow the directions in the Notice of Allocation.

[Buel10]

As the defendant...he really does not need to do anything..except follow the directions in the Notice of Allocation.

 

Hi Andy,

He STILL hasn't heard anything. Is this unusual, please?