Money Claim Online and General Directions Order N24 Form

[Rocket Ron]

I have mentioned my claim on anther thread but I now need help with another question. I have a claim underway at the moment through Money Claim Online. The defendant filed an Acknowledgment Order of Service on the 14th day giving them another 14 days to file a defence. When this had passed, the MCOL site allowed me then to file for a default judgement. This was issued and I received a paper confirmation. However approx. a week later a 'bar' was put in place as apparently a defence had been filed on the 28th day but it hadn't been logged by MCOL staff. It went off to a district judge who had the judgment 'set aside'. I now see the defence has been filed on the 6th June some 9 days after it should of been. All other claim history has now disappeared from my claim overview screen but the defendant has been sent a 'DQ' but I haven't it would appear. This morning -8th June - I received a 'General Directions Order' dated 5th June outlining the judgment being set aside and it gives me the option of 'applying to set aside or vary the order' but within 7 days. I have gone online to find out what this means and under section 23.9 and 23.10 on the General Rules page of the Justice Gov website. Would I be right in thinking as I have not received or had any notice about the when and how the defence was filed, a copy of the application to have judgement set aside etc. I can apply to have this decision itself set aside? I am also not sure how much this will cost.

[EXC]

Re: Money Claim Online and General Directions Order N24 Form

You can apply to set aside or vary the order (basically to get the set asside set asside) but the chances are it will fail as the courts have a lot of descretion. As [MENTION=6]Amethyst[/MENTION] said on your other thread you'd be better off concentrating on the actual case rather than fighting on procedural grounds.

[Amethyst]

Re: Money Claim Online and General Directions Order N24 Form

Have you actually received a copy of the defence ? or was the order saying the judgment was setaside and giving the date/time the defence should be filed and served by ?

If the default judgment was allowed due to the courts error it would be automatically setaside so there's really no point challenging it. Any application with a hearing would cost £255.

I'd carry on with the claim from where you are - just need to know exactly where that is - ie what the order says.

[Amethyst]

Re: Money Claim Online and General Directions Order N24 Form

You can apply to set aside or vary the order (basically to get the set asside set asside) but the chances are it will fail as the courts have a lot of descretion. As [MENTION=6]Amethyst[/MENTION] said on your other thread you'd be better off concentrating on the actual case rather than fighting on procedural grounds.

Oh this is the same issue ? lol... okay at least I'm consistent

[Rocket Ron]

Re: Money Claim Online and General Directions Order N24 Form

I haven't received anything at all only the Default Judgment Notice and this General Directions Order. There is nothing on my claim overview screen either. Pretty poor show really! You are quite right about concentrating with the claim and that is quite a high fee to pay anyway! Just trying to understand what's happening especially when things have gone off track and beyond the help given on their website. I have my complaint in place so shall see what that holds. Many thanks for your help!

- - - Updated - - -

Oh and a great website by the way!

[EXC]

Re: Money Claim Online and General Directions Order N24 Form

Don't forget that MCOL are really crap I'm afraid.

[Rocket Ron]

Re: Money Claim Online and General Directions Order N24 Form

Yes I am beginning to realise that! I have used it in the past and it was brilliant and everything went really well but this is turning into a very stressful mess! But I am 90% sure I am going to win so will push on

[Amethyst]

Re: Money Claim Online and General Directions Order N24 Form

I haven't received anything at all only the Default Judgment Notice and this General Directions Order. There is nothing on my claim overview screen either. Pretty poor show really! You are quite right about concentrating with the claim and that is quite a high fee to pay anyway! Just trying to understand what's happening especially when things have gone off track and beyond the help given on their website. I have my complaint in place so shall see what that holds. Many thanks for your help!

MCOL is only used until a defence is entered then it goes off piste (or into the normal system) .... When a case is defended it goes to the Directions Questionnaire and is allocated to the Defendants local court ( or the claimant if the Defendant is a big corportate - normally it's the 'little guy' who gets the nearest court ).

What's the GDO actually say then, the judgment be set aside - anything about the defence ???

- - - Updated - - -

Oh and a great website by the way!

Thanks

[Rocket Ron]

Re: Money Claim Online and General Directions Order N24 Form

The order just says 'Before Judge Nix sitting (etc) ....... 1st June (etc) It is ordered that Judgement set aside. Note: this order has been made without any hearing under the Court's case management powers contained in the Civil Procedure rules Part3.' It then goes on to tell me I have 7 days to apply to have it set aside etc. and that's it.

In my claim overview screen it says that a the bar has been lifted and DQ has been sent to the defendant but no mention of me being sent one or any opportunity to see the defence or notice that I have been sent a copy - all very odd as I am the claimant who has paid for this service.