Legal Advice Needed.

[MyBrainHurts]

Hello everyone. I've been trying to obtain a little bit of advice, and someone suggested this site. 

 

Can anyone tell me what happens with a Money Claims Online case when the defence lawyer doesn't use the online site (the clue is in the name) They responded to the ordinary county court and missed the deadline. They filed a defence at the wrong court. I've asked for a CCJ and it's being processed as we speak (not sure how long it takes I requested it today).

 

Are they allowed to send a defence to the MCOL court having already filed one in the wrong court? I know that late responses are accepted if the CCJ hasn't been processed. But they're not late, they made a big mistake. 

 

What will the CCJ be if they can't, the Full Monty, CCJ or a default one?

[The_DADDY]

Whoever suggested this site is an idiot.

Consult a solicitor. I think you can get 20 minutes/half hour free with some.

[ECCOnoob]

Is there any compulsion on a defendant to respond to the claim online? I am not 100% familiar with the MCOL system as it's not my field but I thought the Civil Procedure Rules allowed a defendant to prepare a response by way of paper, in which case the court would simply send it on to you.

 

Now if the matter is more the defendant has failed to respond either by acknowledging or filing a defence within the permitted time frames - then that is the trigger for your application for judgment probably more over any dispute over how they filed their documents. However, you should keep in mind that a defendant still may have an opportunity to apply to set aside your judgment, if they can persuade the court they had legitimate reasons for their failure to meet deadline such as arguments that they were not served with the papers properly or the claim was incorrectly issued or the pleaded parties are incorrect or outside jurisdiction or even pleading a simple administrative slip.

 

Assuming that you are without legal representation, you might want to check with the court as to what the specific procedure is and what forms you might need. Whilst they can't give legal advice, the court clerks can at least help you with procedure.

 

22 minutes ago, The_DADDY said:

Whoever suggested this site is an idiot.

Consult a solicitor. I think you can get 20 minutes/half hour free with some.

Pretty rare these days. Given lots of solicitors are working on fixed fees, low value protocols and non win-no fee agreements, the days of the old 'half hour free advice' are long gone for the majority of firms. 

[MyBrainHurts]

13 minutes ago, ECCOnoob said:

Is there any compulsion on a defendant to respond to the claim online? I am not 100% familiar with the MCOL system as it's not my field but I thought the Civil Procedure Rules allowed a defendant to prepare a response by way of paper, in which case the court would simply send it on to you.

 

Now if the matter is more the defendant has failed to respond either by acknowledging or filing a defence within the permitted time frames - then that is the trigger for your application for judgment probably more over any dispute over how they filed their documents. However, you should keep in mind that a defendant still may have an opportunity to apply to set aside your judgment, if they can persuade the court they had legitimate reasons for their failure to meet deadline such as arguments that they were not served with the papers properly or the claim was incorrectly issued or the pleaded parties are incorrect or outside jurisdiction or even pleading a simple administrative slip.

 

Assuming that you are without legal representation, you might want to check with the court as to what the specific procedure is and what forms you might need. Whilst they can't give legal advice, the court clerks can at least help you with procedure.

 

Pretty rare these days. Given lots of solicitors are working on fixed fees, low value protocols and non win-no fee agreements, the days of the old 'half hour free advice' are long gone for the majority of firms. 

Thanks. Yes, they are required to file online. There's no paperwork at this stage. The moment the time elapsed I could request a CCJ by clicking the tab.  They sent me an Acknowledgement by email (the defence) and said they have filed one with the court as well. As soon as I read the email, I thought they've dropped one. They can't use the online site now but can post an appeal. I understand all that but am wondering if they can do that now. They've filed but to the wrong court.

 

I have a bit of a theory that they want a default judgement then they'll pay me and then remove the default ccj.  A default doesn't prove my case so is probably less damaging, I think.