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Two Claims for same Debt by the same Company.

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  • #1

    Two Claims for same Debt by the same Company.

    Good Morning. I was wondering if you could help.
    This morning I have received an email from MCOL for a claim. The claim has been issued by the same company who already have a live MCOL claim against me for the same debt that was issued in January and has sat "dormant" since issuing my defence. Please can you let me know if a company can issue 2 x claims for the same debt? The MCOL helpline seems to be closed at the moment due to COVID.
    Thank you in advance.
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  • #2
    Hello - no the claimant should not have issued a further claim. The first claim has simply become 'stayed', because the claimant did not respond after you submitted a defence. Is the claim wording absolutely identical?
    MCOL is always very difficult to contact, probably borderline impossible now. In any event, the second claim cannot be ignored. You can write to opponent, point out their error and state that you will be making an application to strike out the duplicate claim and recover your costs from them. This application will cost £255 unfortunately. The other (cheaper) option is to defend the second claim but point out it is a duplicate in your defence and invite the court to strike it out. What type of debt is this? We're interested in what companies are doing during Covid, so it would be useful to know.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Thank you for your reply.* The debt is for a Vet's and it has been an absolute nightmare from the start.* I have requested the additional 14 days and will compile my defence.

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      • #4
        Just to add to Celestine's comments, in your defence you probably want to say that the second claim is an abuse of process and should therefore be struck out. It would be sensible to include the court claim number for the first claim so that the court can look it up.

        If you want any feedback on your defence, post up a draft version before submitting it.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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        • #5
          Thank you for your replies Celestine and Rob.* I have tried to get legal advice regading this claim / debt but all solicitors I have spoken to have said it's not worth my/their while as it's only a relatively small amount.* However it is a can of worms and the creditor (vets) have acted inappropriately (Harrassment/Data Breech) so if anyone has a reccomendation for someone who can provide legal advice to look over everything for 1/2 hr to and hour I would happily pay!

          Anyway I have until 4pm on the 8th of June to submit my defence.* With regards to the second claim being an abuse of the system would I add that and then my other defence?

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          • #6
            Sorry one more question if I was to make an application to strike out the duplicate claim woud this be a form N244 and if so what grounds would I enter on the form? As I am disabled and on a very low income I understand that I would get help with the fees.

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            • #7
              https://www.gov.uk/government/public...-tribunal-fees
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              • #8
                Thank you Mike.* It looks like I will be able to get help with the fee which is good news.* I just need to figure out what to put on the N244 form

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                • #9
                  just follow questions on the form

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                  • #10
                    The advice you've received from solicitors is probably correct in that the claim is too small to be able to recover your own legal costs (if successful) so it is not financially viable to involve solicitors in claims under 10k.
                    Yes it is Form N244 to make the application. A similar thing happened to this user:*https://legalbeagles.info/forums/for...claim-what-the
                    It may help if you list the reasons you did not pay this vets bill for us to be able to advise on whether harassment/data breach are defendable points.*
                    *
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

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