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MCOL claim been stale for over a year

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  • MCOL claim been stale for over a year

    Like many people, COVID caused a loss of income for me, and a sudden inability to keep on top of non-priority payments, including a credit card. The provider recommended (and kind of pushed) taking a payment break and freezing the card for several months which I ended up taking. It was pointless however as I was able to continue to make payments. Later on in the year I ended up with income halving and no form of support. Was made to continue working part time with no part time furlough available, obviously one of the first things to be hit was card repayments which was met with no help and a default.

    This account was sold on to a purchaser and by that time I was in a position to repay, so I started making payments until my circumstances changed again and I was unable to maintain the arrangement. Eventually they made a court claim after seemingly not caring about my crappy circumstances and although I had been making repayments, the amount didn't seem right so I asked for the usual information to prove it (more than the original amount even with a year of repayments).

    The last entry in MCOL was my defense and that was well over 12 months ago now. I never received a response to my request for information beyond "we will attempt to contact the original creditor, however this may take some time". Given the time it has been since claiming and still not having copies of the most basic documents they require to prove the claim in court, if they decide to request the stay be lifted, would the lack of supporting documents when making the claim plus the length of time it has taken to (not) provide documents be enough to request the claim be struck out?
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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