Acknowledgement of service has been done and defence filed.

 

Do I need to send a copy of the defence to the Claimant or does the court do that?

No Northampton serves a copy...did you use the defence as advised by DX ?

No Northampton serves a copy...did you use the defence as advised by DX ?

Yes, the one in post#17.

Yes, the one in post#17.

Just to double check, I filed my defence online, which the court has acknowledged.

I don't need to send a copy to the claimant do I? As i think the court do that?

Yes they do

With the 28 days only a few days away I've just logged into Money Claim Online and see that a DQ was sent to me yesterday. Presumably this is a Direction Questionnaire?

And presumably this means the claimant wishes to continue? Or is it just a standard thing sent by the courts towards the end of the 28 days?

No ..it means the claimant has informed the court they wish to proceed.

I have today received the 'Notice of Proposed Allocation to the Small Claims Track'

Presumably it's best to carry on along the small claims track? And agree to mediation?

I have today received the 'Notice of Proposed Allocation to the Small Claims Track'

 

Presumably it's best to carry on along the small claims track? And agree to mediation?

You have no option...you have to

Filled out the DQ and was sent to both the court and the claimant earlier this week, by recorded delivery.

Received a letter today from the claimant's solicitor (Howard Cohen & Co.) advising them that their client (Hoist Portfolio Holding 2 Ltd.) have advised them to discontinue the case, and enclosed a copy of the discontinuance being forwarded to the court.

So, many thanks again for the swift responses that brought this claim to an abrupt end. They did add in the letter that it didn't relieve me of the debt and that their client could decide to bring court action again in the future, but clearly just another scare tactic based on the fact that if the debt wasn't statute barred already they would have continued with their claim.

Anyway, it's fantastic news and I will be making a donation next week.

Well done Indebt..thread title amended to reflect the outcome.

Regards

Andy

They did add in the letter that it didn't relieve me of the debt and that their client could decide to bring court action again in the future,

True, but "stretching the truth".

If the debt existed, it still does, so that much is true....... although they can't really do anything about it, and you probably could have got it off your credit file once it was SB'd (or 2 months after, that being 6 years from when it should have been defaulted), if you were so minded... but since it is 6 years after their (late) DN date anyway, it'll be gone shortly, even if it hasn't already!.

Their client could decide to try court action again. They'd need to seek permission of the court (which you could oppose), and even if granted permission, you have an absolute defence..... so whilst it is true to say "they could", it is equally true to say "they wouldn't, unless they want to waste a further set of application / court fees.........."

but clearly just another scare tactic based on the fact that if the debt wasn't statute barred already they would have continued with their claim.

Spot on!.

It's still not showing as discontinued when I log in to Money Claim Online.

Am I right in thinking that the N279 filed by the claimant has to be ratified by a judge? If so, how long does it normally take?

Discontinuances do not show on MCOL

Andy

Ah, that will be why then. Many thanks.