Free Traffic Legal Advice

No. There has been a lot of confusion and misplacing of claims and AoS and defences recently. What was happening was that defendants were submitting their AoS and/or defence and it was getting mislaid by the CNBC. The Claimants were requesting judgments by default because the AoS or defence hadn't been fled (it had).

The CNBC has realised that it screwed up because the defendants had proof of having sent their AoS or defence (especially when they had been sent by email) and many complaints were sent. They were even paying compensation of around £250 a pop because of the stress this had been causing defendants who were suddenly receiving CCJs out of the blue.

More recently, they have been cleaning up their own mess, probably because it was getting far too expensive with all the components payouts and they weren't getting any revenue from the N244 applications for set asides as it was their own fault in the first place.

Now they are discovering these administrative errors and fixing them automatically.

However, in this case, I am somewhat worried that you say that you did the AoS and nothing else. Did you not submit a defence also? Have you been on to the MCOL site and looked at your MCOL history?

Did you actually submit a defence using the MCOL when you did your AoS?

The claim is not cancelled or struck out. It was judged in default because of an administrative error. That CCJ has now been set aside and you should expect an N180 DQ at some stage.

If you submitted your defence using the MCOL webform, then please show us the Particulars of Claim (PoC) of the claim and exactly what you put in as your defence. Also, who is the claimant and who, if anyone, is their solicitor?

Please answer the questions.

Without knowing more detail, it is difficult to know. Who are the claimants and their bulk litigators, if they're using one? When you emailed your AoS and defence, did you receive an auto-response from the CNBC? If not, there is a high likelihood that your email was not processed.

Have you checked your credit file using Experian or any other credit reference agency for default CCJs you may to be aware of?

The procedure, once the claim has been defended is you receive a letter from the CNBC telling you that a copy of your defence as been sent to the claimant. The claimant then is supposed to respond to the defence. Normally that is a letter to you saying that the claimant intends to proceed with the claim. Eventually, you receive an N180 DQ that has to completed and sent back to the CNBC and copied to the claimant (or their solicitor if they're using one). In due course, the claim is transferred to your local court where you receive orders on what to do next and when the hearing date is and when the deadline for submitting your WS.

If you've submitted a defence and not heard anything back for many months, then it is likely that the claim is "stayed" and the claimant would have to apply to the court and pay a fee to request the stay is lifted. You would be copied into the application and could object to the lifting of go the stay and ask the court to strike out the claim.

Som if you want assistance, we need to know all the timelines of each claim, a picture of the Particulars of Claim (PoC) for each claim, who the claimants are and who is representing them, what you actually put in as your defence and any responses from the court or the claimant since.

I really, if there is more than one claim and it is for a different claimant, then a separate thread for each is advised to prevent confusion.