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I have just been served a Money Claim via MCOL in my email box. I have never given permission for the claimants to email me any service documents and to boot, I had replied to one of their newsletters recently stating that I wanted to unsubscribe from all their mailings. I did this as the derogatory nature of the newsletters, making personal attacks against myself and others.
I find that under Practice Direction Supplements 6a that I should have been approached to give my consent in writing to be served by email.
The claim itself is spurious and includes so-called debts to a former unincorporated association for subscriptions that were voluntary. Due to the misuse of funds, I and a group of others declined to support the organisation. I do not know whether I need to fight the actual claim in the circumstances or if I can get the matter dismissed due them serving me the court claim by email without permission. I am very willing to fight the claim and get my day in court and wonder if I should fight the claim on both grounds or if there is a quick way to get this dismissed and let them waste the court fees they have paid. I would expect that they might re-issue a new claim which is fine by me but it would serve to make them re-consider their claim as they are trying to bulldoze a claim with little to nothing to support it. Any help gratefully received!
I find that under Practice Direction Supplements 6a that I should have been approached to give my consent in writing to be served by email.
The claim itself is spurious and includes so-called debts to a former unincorporated association for subscriptions that were voluntary. Due to the misuse of funds, I and a group of others declined to support the organisation. I do not know whether I need to fight the actual claim in the circumstances or if I can get the matter dismissed due them serving me the court claim by email without permission. I am very willing to fight the claim and get my day in court and wonder if I should fight the claim on both grounds or if there is a quick way to get this dismissed and let them waste the court fees they have paid. I would expect that they might re-issue a new claim which is fine by me but it would serve to make them re-consider their claim as they are trying to bulldoze a claim with little to nothing to support it. Any help gratefully received!
