Duplicate CCJ claim lodged - Mortimer Clarke

[JMS88]

Earlier in the year a claim against me was submitted by Mercedes (MBFS) using Mortimer Clarke Solicitors (M.C).

The initial claim was discontinued, as I informed MBFS that I had sent several (ignored) letters by tracked post. I had since offered a payment plan which MBFS declined. No further correspondence.

I have in the last week received a CCJ claim form, for the same claim (although the amount is now 300 quid less from 3600 on the first claim).

After doing some reading, it is my understanding that they cannot lodge another claim without first obtaining permission from the court to do so. (According to the below from DCA website)

Discontinuance and subsequent proceedings
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38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim

I've firstly emailed MCOL querying this as they've been helpful in the past but what I want your guys assistance with is;

A - Do I acknowledge the claim online as I normally would?
B - Am I correct in my (limited) knowledge that this claim cannot just be lodged again as per 38.7 above? I did file a part defence as per (a) and the claim is the same as the first claim.
C - What is the process for the solicitors to ask the court for permission, how do the courts view this type of case?

Any views or thoughts are much appreciated

Cheers

[warwick65]

Re: Duplicate CCJ claim lodged - Mortimer Clarke

Hi
Did you actually file a defence [MENTION=87380]Diana M[/MENTION]

[JMS88]

Re: Duplicate CCJ claim lodged - Mortimer Clarke

Hi
Did you actually file a defence @Diana M

Hi, yes but it was part defence. I don't know if that makes a difference.

[warwick65]

Re: Duplicate CCJ claim lodged - Mortimer Clarke

I am not sure by what you mean - a part defence

If a defence is filed I believe they need the permission of the court to reissue

Either they are lacking systems to check or are trying to pull a fast one over Christmas in the hope you ignore it

[Diana M]

Re: Duplicate CCJ claim lodged - Mortimer Clarke

The initial claim was discontinued, as I informed MBFS that I had sent several (ignored) letters by tracked post. I had since offered a payment plan which MBFS declined. No further correspondence.

I have in the last week received a CCJ claim form, for the same claim (although the amount is now 300 quid less from 3600 on the first claim).

Can you clarify whether you made that payment plan offer before or after the claim was discontinued, and was your offer headed 'Without Prejudice'?

Have you made any payments since the claim was discontinued?

Di

[JMS88]

Re: Duplicate CCJ claim lodged - Mortimer Clarke

Thanks for responding.

I responded to the first claim, using the start part admission option on the money claim online site. Explaining I owed the excess mileage amount, but disputing the charges imposed (damage which wasn't on the vehicle).

I made a payment proposal directly to Mercedes before the claim was discontinued. My offer was not headed 'Without Prejudice', I just sent a standard letter. Mercedes replied to this, saying they couldn't take the payment I was offering (£50.00 P/m) as they didn't think I could afford it.

No payments have been made since the claim was discontinued.