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  1. I have issued a Small Claim via Money Claims Online. The Defendant is unrepresented but has either phoned or emailed the Court complaining that the Claim is unreasonable. The Claim form has been referred to a district judge. The claim is for a specified sum, but the clerk suggested it might be unsuitable for MCOL and might therefore be struck out with guidance to re-file via CCMCC. Is this correct and is it a common process? If it is struck out, can it be re-issued or should I make an application asking for it to be reinstated and transferred? Anyone else run into this?
  2. Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed f
  3. Hello A PDL company issued a claim against me on MCOL in early March. I acknowledged service, and admitted part of the claim,and put in a defence for the rest (the biggest part), within the time limit, and put in financial details to ask for time to pay. (I am on a DMP which the PDL wouldn't accept) I've tried to log back in today to see if anything is happening, but there is no longer a link to the claim, and if I put the Claim Number and password in the boxes, it just comes up with the message "claim number or password is incorrect" Is this normal at this stage of the proces
  4. Hi, I'm wanting to bring a claim against a former employer for wages which were not paid - this relates to a very brief period of employment (1 month) between April and May 2014. As I am now a full time student with a limited income, I believe I would qualify for fee remission if I file the claim on a paper form at my local CC. However, I also understand that if I file the claim using MCOL and pay the court fee, I can claim this back from the defendant as part of the claim (assuming, of course, I'm successful). Just wondering really which is the best option? Part of me rea
  5. Name of the Claimant: Private Individual Date of issue 20/05/2014 Claim for court costs. Value: 616.80 Basically I was recovering from emergency surgery for the last day of the family hearing against my ex. (I phoned the court and sent in an email. He has managed to sting me for 616.80 for costs that i shouldnt have to pay as i'm on income support. He has now issued a MCOL claim against me for costs without even asking for them to be paid. I intend to appeal these costs but dont know where to start. Help!!!!!
  6. Hi all, I recently made a claim through MCOL against our estate agent who never secured our deposit and kept it. Well hes responded to the claim with a counter claim asking for £180 for legal costs and that they have nothing to do with securing the deposit and it was up to the landlord. I paid the estate agent the deposit and have proof of this. Surely its the estate agent who should be liable for securing my deposit? And can the estate agent even request £180 for legal costs? The amount I've requested from the estate agent through MCOL is my full
  7. I submitted a MCOL to recover my deposit from a Used Car Dealer who refused to refund it, after I found out they lied to me about numerous things regarding the vehicle's condition. My particulars essentially state that when paying the deposit to the dealer prior to the car purchase, the verbal agreement was on the basis that: 1) They did not lie about the car. 2) The car would pass a vehicle inspection. I since found out that they breached (1) and hence the agreement. Before even filing the claim, the dealer actually offered to give me half of my deposit back to
  8. Hi, i have recieved an MCOL claim form from cabot uk with restons as their acting solicitors. The particulars of claim is for overdue balance due from the defendant under a contract between the defendant and bank of scotland (aqua card) dated on or about XX/XX/2007 and assigned to the claimant on XX/XX/2011 in the sum of 34XX.XX. The claim was issued 10/09/14. I have acknowledged reciept and stated i will defend the claim in full, this was done on 22/09/14. A CCA request was sent to cabot on 24/09/14 to which they have replied. The reply has stated that they dont have
  9. I've been an Orange / EE PAYG customer for many years, mainly because their service is really the only option where I live. In any case, I travel to Asia for work, typically 3 to 4 weeks at a go. During this time my UK phone is with me and off becaue it has no service where I work (and I mean no service, nothing). So, imagine my surprise to learn that on one trip while the phone was switched off it had used circa £70 in internet useage (and I have free internet as part of my PAYG). Endless calls to Orange and they acknowledge an error, my account will be refunded. No refund so
  10. Hi there- to anyone who can help me in a very frustrating situation. I am the defendant of a case brought against me by a company who is representing a creditor - to the sum of aprox £3000 The case details are very vague against me to which there were not specific details at all that i could relate to or remember as i have a few very old debts from over 5 years ago that i have had no correspondence with. Before i submitted my defense I sent several letters to the claimant requesting specific details of the account in question so i could identify what debt the claim related to but the clai
  11. Ill keep this short and sweet guys.. purchased a BMW 325D from a trader. 4 weeks later discover puncture and two cracked rear alloys.. happened at Carlisle on the way home from Scotland to Wales late afternoon. Kwick fit repared and replaced. disputes with trader throught MCOL and mediation happened last Thursday morning. Ive been told because I didn't offer the trader a chance to rectify the problem the judge may award against me, it wont fo in my favour. My issues were - I was stranded, granted I could have called him but I panicked and
  12. when i log into my case screen on money claim online. it shows my activity but will it show the plaintiffs. for example if they decide to proceed with the claim. or will i find out in due course. thanks in advance.
  13. In general. As I've not used this site before so I'm not sure where to post this. A man came and chose a kitten that my cat had given birth too. I asked for a deposit as at 7 wks I thought it was 8 week old before I could sell them. Also I had been hand feeding them as mum stopped feeding the kittens at 5 wks old He was happy with the kitten and happy to come back a week later. a week later he came but the little kitty seemed depressed with all the other kittens going.so I said I would rather give him his deposit back as I wasn't fully happy for him to take it. He picked the kitten up
  14. Hi all, I submitted a claim through moneyclaim online and clicked the option for sending detailed particulars direct to the defendant. What I'd like to know is, what do I include in the detailed particulars, do they have to follow some kind of standard format and lastly, can I send them via email or do I have to post them out? I'd certainly appreciate any advice, thanks!
  15. Hi Exactly the same problems. Cash4phones claim they have already recycled my phones due to me not responding within the 5 day period. I constantly rang - they do not answer the phone, and emailed - they do not respond. I have since send recorded delivery letters and they have responded, offering more money but still not paying. I would like to take this further through the moneyclaims.gov.uk and have read speck1965 link. Does anyone know how long court action takes? The fact I accepted a lower offer (not the original low) if they paid within a ti
  16. I issued a claim and the defendant has admitted liability and already sent a cheque with the claim form return which has cleared. I just want to clarify what I tick on the form N225A. It has to be Box B 'I accept the amount admitted by the defendant in satisfaction of my claim' and then tick 'I accept the defendants proposal for payment'. But in Part C which is then obligatory it has the first part saying if I don't accept the defendants proposal for payment tick a box. Well I do, its paid in full. Then I need to fill out some payment totals. Do I fill these out? I don't seem to be able t
  17. My step father passed away in early 2010. We arranged a funeral service with a local company. As my sister, who was 17 at the time, was officially his next of kin (I am not blood related) she asked about claiming the funeral costs through the DWP. The funeral provider assured her this was possible, and that they could offer a basic service with a cremation. They helped her fill out the forms for the DWP and sent them off. Approximately 2 months after the funeral, the funeral directors wrote to her asking about payment. She in turn phoned the DWP and they simply repli
  18. Hello everone, There are so many really useful threads on here, I've already learnt loads and feeling a lot less anxious. So I've signed up, in the hope that I can get some advice that's specific to my situation. Which is a lot less awful than some of the hair-raising stories I've read - but still causing me a lot of anxiety. I'd appreciate advice, and/or where to post about this issue. So glad I found this website. Basically: joiners built and fitted windows. Windows ok, paint and fitting very poor. We raised concerns with them at the time, they lied about the paint ( it's pos
  19. Morning All. A bit of a strange one this and I can not find any direction so turned to you for help. Due to my work in 2009 I took out additional Life Insurance FP Level Life. However, in November 2011, as my job role changed it was no longer required and as my wife was made redundant, the money would be best utilised in the family pot. As time marched on I thought no more, foolish. I have recently been contacted by a firm of solicitors acting for the company I had the agreement with claiming their 'Commission Clawback' I wrote back asking for some additional informatio
  20. Hi there, I'm in the process of MCOL and need some advice, I wish I'd come here first due to the problems and mistakes I've made. I initially wrote a POC of a sentence or two expecting to be able to send the full info separately. The next screen was the interest screen and thought the check box here related to support of interest & out of pocket expenses rather than extended POC. I then added the full interest rather than the daily rate. I apllied for amendment that was refused. Later being told that an N215 form? to add to it would have been suitable and no fees or anything
  21. hi, would like someone to help me do a mcol about creditor refusing to send cca request, defaults on credit, account in dispute. (poc) The company could not produce a signed CCA agreement that included my Data Declaration consent to pass, share, data and info, the agreement was unenforceable and therefore no contact and no consent. Defendant failed to comply with the Data Protection Act.
  22. Hi all, haven't been round this way for a few years, but today I received a claim for refund from a dear customer in the county court. Obviously, this is ludicrous. A couple of points: As the item we offer is intangible we don't offer refunds , it says this in the T&Cs which customer agreed to before purchasing. In addition the customer appears to be overseas and when they signed the contract they used a New Zealand address. However on the MCOL form it has a UK address. Lastly, the customer requested a refund - which was denied - a whole 2 months after purchase, so t
  23. Hi, Been an avid viewer of the forums for some time as it gives fantastic advice... Here's the story anyway... My girlfriend has had a MCOL from yorkshire water for the whole year ( we're not on a meter ). ..because we both started on JSA and couldn't pay it for 2 months as we were waiting for the claim to go through... As we were a couple of months late.. ..( due to just trying to keep the lights on ) they went straight down the court route... Claim is for £265 Solicitors £50 Court Fee £15 Now....i've acknowledged service for her ( it's in her name only as
  24. I am having some issues with an ex-landlord who, after disagreements over deductions to our deposit, stopped communicating and did not return any of it. As the deposit turned out not to be protected, I started a claim with MCOL to get the money back. The claim was issued on 6 January, and as the landlord did not make any reply, a default judgment was filed on 1 February. The landlord then applied to have this judgment set aside on 28 February - this was heard on 30 May, and his application was struck out. Just as we were about to enforce, I received a letter from the court stating
  25. Hi all, I have written a detailed particulars of claim and now wish to take the next step. I noticed that in the help guide for MCOL it states: "If you don't have space for all the details, provide a summary of your claim and say you will send the details separately. You will then have to send the detailed particulars to the defendant within 14 days of submitting the claim. You will also have to send the court a 'certificate of service' form. If your case is transferred to a local court, you will need to send a copy of the details to the court within seven days." I have the fo
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