Court Claim for Settled Debt

[taylorit]

Hey

Just helping out my partner here.

Has some small debts going back some years, unable to get the full details of this one but it relates to Three Mobile. Debt was legally assigned to Lowell on 02 April 2019, believe some small payments have been made through the years but really is not sure. Unable to get the full details etc but believe it may even be Statute Barred, unfortunately gets really upset and emotional when trying to gain further information.

Received Notice of Account passed to Overdales dated 17 April 2023 from Lowell
Received Notice of Acting dated 17 April 2023 from Overdales
Received a Letter of Claim dated 09 September 2023 from Overdales
Payment of the full amount made to Lowell on 21 October 2023
Received MCOL Claim from on 23 October 2023 dated 19 October 2023 issued by Overdales for the full amount (already paid) plus interest plus solicitor and court costs.

How do we respond to the MCOL Claim? Defend in full?

Thanks

[atticus]

The defence is that you have paid in full and therefore that nothing is owed.

However, you left it late to pay. The claim papers will have been sent to the court, and the fee paid, before you decided to pay. You may be made liable to pay the court fee paid by the claimant and possibly also fixed costs..

[taylorit]

Defence:

1. The Defendant received claim xxx from the Northampton County Court in the first post on Monday 23 October 2023.

2. The Claimant’s Particulars of Claim failed to state when the agreement was entered into.

3. The Defendant paid the sum of £xxxxx in full and final settlement of this alleged debt, by debit card payment, on 21 October 2023 to the Claimant.

[atticus]

Was the payment accepted in full and final settlement? You did not use that phrase in post #1.

[taylorit]

It was accepted by the Claimant to close the account and no mention was made of any court proceedings whilst making the debit card payment by telephone.

[MIKE770]

Was the payment accepted in full and final settlement? You did not use that phrase in post #1. as asked above? as if not they maybe chasing any difference?

[taylorit]

The impression was yes, claimant confirmed the account was closed with no further outstanding sums after a successful debit card payment. During the telephone call there was no mention of court claim being issued. Confirmation received in writing account is closed also.

[atticus]

"This sum claimed was paid in full on [date] and the claimant has confirmed that the account is closed".

[MIKE770]

as stated but a claim now they have to state paid and account closed Hope that closes case, but has been known to chase difference i.e. close account on their file but sale off difference to another? see how it pans out hopefully gets withdrawn and no under hand by originator has taken place as use to al lot

[taylorit]

Amended Defence:

1. The Defendant received claim xxxx from the Northampton
County Court in the first post on Monday 23 October 2023.

2. The Defendant paid the sum claimed of £xxx in full on 21
October 2023 and the Claimant confirmed that the account is
closed.

[taylorit]

Money Claim Timeline:
Claim issued by Overdales 19/10/23
AOS submitted 25/10/23 14:05
Defence submitted 26/10/23 09:12
Defence received 26/10/23 12:05

Letter received today 15/12/23 from Overdales attached claiming no correspondence.

[taylorit]

Image of proof Three Mobile account which this relates is paid off before being reopened with court costs and interest added.

[echat11]

Raise formal complaints in writing with Lowells and Overdales (their complaints procedure will be on their website) with evidence. Explain that if they continue to pursue you for monies that isn't owed, then you will consider taking legal action under the Protection from Harassment Act 1997. Add that you will also make complaints to their respective regulatory bodies, the FCA and SRA.

In you complaint letter add a Subject Access Request to each letter, they will send all the data they hold on the account.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get Proof of Postage.

[taylorit]

Out of curiosity what is the time limit the claimant has to respond to a claim that is defended? Claimant has not responded to the defence submitted on 26/10/23 nor has it been allocated any track.

[echat11]

Out of curiosity what is the time limit the claimant has to respond to a claim that is defended? Claimant has not responded to the defence submitted on 26/10/23 nor has it been allocated any track.

If you've sent your defence into the Court, then they have 28 days to respond to the defence.