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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I filed a claim online against Amex which I’ve been

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I filed a claim online against Amex which I’ve been previously discussing with you. They failed to acknowledge or defend the claim hence judgement was entered by default. Separate particulars of the claim was issued to them via post and email. Which they state they never received. They wrote to me on the date that they was supposed to acknowledge the claim to court by, stating they had not received my particulars of claim. Which given the history of them not previously responding to any of my letters I fail to agree with.If you read the enclosed letter they have emailed accross this afternoon. I would like your help in drafting a response. They state they they do not have to acknowledge ANY claim to the court until they have received details of the claim?Whilst I have got the response I was wanting I would like advice on how to reply to themSee attachment

Hi, can you refresh my memory - their offer at the end of their correspondence, is that anywhere near your claimed loss? And in relation to the money claim, the court usually serves the defendant - why are they saying you should have served them in this situation?

Customer: replied 8 days ago.
Yes of course. The sum of money offered is what I am claiming and so is the removal of the Cifas marker so I have got the result I asked for.

I just don’t understand the wording of their letter? When I filed the money claims online form I did serve separate detailed particulars the date of these was done the same day as the money claims online claim.

Why would they not have to acknowledge a claim?

It looks like they have not received anything in the way of particulars of claim.

If someone issues a claim form at court, they can elect to serve the particulars themselves at a later date - not the court - which appears to be what they are saying. So, someone can issue a claim - only once it is served on a defendant with particulars of claim does the defendant then have to acknowledge the claim.

This is why I am confused as when someone uses the money claim site the court does all this for the claimant.

As such it appears the claim has settled now - so you can login to money claim and confirm this.

 

I hope I have helped.

Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking submit.

Many thanks,

Jim

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Should I not reiterate that I did serve separate particulars? I’m still a little confused on this matter? Just want to ensure that I am responding to them correctly

You don't really need to as they have offered to now settle the claim.

Customer: replied 8 days ago.
Ok. For future reference if I ever file a money claims online form then and serve separate particulars which I did in this case the same day as I filed online, I would prob be better to not only email but send recorded delivery as really anyone could say they’d not received it couldn’t they

They could but you only need to show you used the defendant's address (as per their address on companies house) or their last known address. First class post is fine (recorded delivery is optional).

Customer: replied 8 days ago.
Whilst I know it doesn’t matter now given I’ve got the right outcome. Trouble is I did post first class and also send an email of the particulars yet got the response I did.

I also don’t understand that if you had a claim filed to you from MCOL which also details the claim in part on it why you wouldn’t even acknowledge the claim for defence purposes
It’s a first for me so I can’t explain why they didn’t receive the documents from the court