Help received a court claim form

[Bladesmad001]

I’m just thinking if I just acknowledge gives me 28 days from the 10th when I received the court claim before I even have to submit defence. By this point I should have completed on house so no risk ?

[MIKE770]

Use court issue date

[MIKE770]

It's 28 + 3 allows posting

[Bladesmad001]

Yes it was issues on the 10th

[Bladesmad001]

Morning so I’m going to go onto MCOL this morning so do you think it makes sense to just acknowledge giving me the 28 days then submit the defence in about 25 days as this would just extend this until hopefully after the house completes. Or would you just defend now saying paid in full?

[MIKE770]

myself in the circumstances adjust the example to suit and state this account has been paid in full (give details date/time/etc , and even put in a sentence after speaking to them on such a date, they have ignored the fact it has been paid and not actioned to discontinuance,. Example Defence

[Celestine]

How horribly stressful for you during a house purchase.
You have done everything correctly, so long as you acknowledged the claim and if need be, later file a defence, then the court systems will kick in and you are not at risk of an imminent judgment so long as these two essential steps are followed, any claim would take around one year to be given a hearing date (because our justice system is in tatters) so I don’t think you need to worry about this interfering with your house purchase.
The debt companies tardiness in issuing the Notice of Discontinuance is very typical and very irritating indeed.
Keep us informed and congratulations on your new home.

[Bladesmad001]

Thanks Celestine so for the time being just acknowledge it then mark in my diary for 28 days after the issue date (probably a couple of days before to be safe) then go back on MCOL and if not cancelled by the debt company then submit a defence showing paid, attach receipts etc?

[Bladesmad001]

Email received from the debt company today :


Thank you for your email, your comments have been noted.

We apologise for the delay in our response, this is due to high volumes of emails.

Please be advised that as you made the payment in full on 11.06.2021, the County Court Judgment was not applied for and the matter is now closed.

We trust this is of some assistance.

[Bladesmad001]

But it’s still open on MCOL so it isn’t closed and they have not sent me a copy of the notice of discontinuation.

[MIKE770]

keep copy of that information on file, chances are like once a defence been sent in it stops reporting, so just keep that information safe Celestine

[Bladesmad001]

I have completed the acknowledgment of service today on MCOL. The issue date on the claim form was the 10th of June so am I correct in thinking I have to submit the defence within 28 days of that date?

I’m hoping that the debt company will have cancelled it on MCOL with the notice of discontinuation before then so will keep checking

[MIKE770]

Check dates


From Thursday, 10 June 2021
Added 28 days

---

Result: Thursday, 8 July 2021


◀ Make adjustment and calculat

[Bladesmad001]

Latest update: still not received a notice of discontinuation from the debt company and the claim is still open on MCOL. I'm now thinking best thing to do is submit the defence then leave it with them? I have gone onto MCOL to complete the defence and the first bit says defend as paid so I have completed that. The next bit is a free text box to enter the defence. I have seen the examples on here but as this is for a utility bill not covered by CCA it doesnt really make sense in copying and pasting this especially as it has been paid? I have typed the below and would appreciate feedback and thoughts if you believe this is sufficient before sending please?

I was not aware of this outstanding utility bill from a previous address
I had with my ex-wife over 5 years ago. I have moved address
numerous times since then and despite ***** solicitors having
confirmed to me my correct mobile telephone number and email
address in recent conversations I have not received any
correspondence from them at all either by telephone, email or
mail.

On receipt of a court claim form I contacted the company on the
front of the form (******* Solictors) and to avoid any court
action I have paid the whole amount (£844.82) including court
fee's and costs (11/06/21). This payment was made by debit card and
a receipt received confirming payment of this amount and zero balance
remaining.

****** solicitors have confirmed to myself in writing that they
have received the payment and I have zero balance outstanding with
them (11/06/21).

****** Solicitors have also confirmed that they are not pursuing
anything through the court system as there is nothing to pursue.
This confirmation was provided verbally on the 11/06/21 by their
representative ****** on telephone number ****** who also
gave me reference number 302251. This was also confirmed in
writing by way of receipt confirming zero balance (11/06/21) and a
further email confirming zero balance owed and no further
action was received on 18/06/21..

This email on the 18th of June states:

"Dear Mr ***,
Thankyou for your email, your comments have been noted. We
apologise for the delay in our response, this is due to high level
of emails. Please be advised that as you made the payment in full
on 11/06/21 the county court claim was not applied for and the
matter is now closed.
Yours Sincerely *******"

Despite asking them for a copy of the notice of discontinuance on
2 different occasions (11/06/21 and 18/06/21). I have still not
received this.

As there is no debt to pursue and as the claimant has failed to
provide the notice of discontinuance requested can I respectfully
request the court order the claimant to provide all parties with
the notice of discontinuance or the claim should be struck out.

[ostell]

As you acknowledged after 5 days from the issue date then you have 33 days from the issue date to get your defence to court.

Don't forget the statement of truth at the end of the defence.