AK Claimform - MBNA card 'debt'

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?386853-Meebroke-Heads-to-Court&p=4187294#post4187294

 

This is MeeBroke's new thread link in the Legal forums - 3 posts have been unapproved as the information has now been duplicated on the new thread.

[MeeBroke]

Great, very many thanks CB. I'll amend accordingly and send SD. I'm assuming that I name the Claimant but post to solicitor (address shown on claim form)? Or do I send to both? I know from reading in the forum that I also need to respond online to the court. Can you confirm? Should I do these things immediately?

[citizenB]

Yes, you name the claimant but post to the solicitor named on the claim form

 

You have until the 10th April to acknowledge the claim, you can do it any time up till then.. but please not after !!

[MeeBroke]

Yes, you name the claimant but post to the solicitor named on the claim form

 

You have until the 10th April to acknowledge the claim, you can do it any time up till then.. but please not after !!

 

Seriously, thank you very much for your help. MB

[citizenB]

[Capricorn1601]

subbing to thi one

[MeeBroke]

Ok, getting ready to move things on. Can someone help me with two issues:

 

1. The AoS, what/where do I fill in? Do I enter a defence at this stage?

 

2. I am about to post doc request to solicitor. Just to be certain, I am sending a CPR 31 request. Should I also be sending a CPR 18?

[MeeBroke]

I found this on HPmum's thread. Should I do something like this?

 

Log into the online court service. You will be asked to enter the Claim Number and the password.

Once you have logged in, the simplest thing to do might be to go to the "Defence and Counterclaim" section.

Dispute the full amount, for the following reason, which you enter into box 3 "Defence".

 

I dispute the full amount claimed by the claimant and I do not recognise the Claimant's Claim in any way for the following reasons.

The Claimant states that the claim relates to a credit agreement entered into by the parties, but no copy of the contract or documents alleged to constitute the agreement has been attached or served with the particulars of claim, therefore I have no knowledge of the agreement mentioned by the claimant in the particulars of claim. This is in breach of the requirements of Practice Direction 16 section 7.3. "Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim".

 

Additionally, by not attaching or serving a copy of the alleged agreement the claimant has failed to provide me with sufficient information to deal with the claim. This is in breach of Practice Direction - Protocols section 3.1(a) "not having provided sufficient information to the defendant".

[citizenB]

Claims issued out of MCOL are not required to have supporting documents attached. They are however, required to provide them at the earliest opportunity. To me, this means they should issue the claim via MCOL and then send by mail, the information they are referring to within their claim.

 

I am just having a read back over your thread to see what is going on.

[citizenB]

At this point in time, I think you should just acknowledge receipt of the claim, you then have until 24th April to submit your defence. If you have not received a response from the Claimant by say, the 10th April, then we can start looking to defend on the information you do have.

[MeeBroke]

At this point in time, I think you should just acknowledge receipt of the claim, you then have until 24th April to submit your defence. If you have not received a response from the Claimant by say, the 10th April, then we can start looking to defend on the information you do have.

 

Thanks CB. So I'll complete the AoS now and send CPR 31 SD tomorrow.

[citizenB]

Thanks CB. So I'll complete the AoS now and send CPR 31 SD tomorrow.

 

That sounds like a plan and should keep you out of mischief for a little while

[MeeBroke]

Fallen at first hurdle.

 

Left the MCOL form open whilst I consulted here and it timed out. Now it wont accept my claim number and password anymore!

[Old Cogger]

trouble with MCOL = happened to me - never got back in even changing passords etc.

[Dotty50]

Fallen at first hurdle.

 

Left the MCOL form open whilst I consulted here and it timed out. Now it wont accept my claim number and password anymore!

 

I seem to remember it was a pain to get logged in but did sort it eventually, If you still can't access it by the end of the day, give Northampton a call and ask them for assistance.

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online

[MeeBroke]

I might just post the form back SD tomorrow if the website doesn't play ball by the end of today.

 

They sure don't make it easy!

[citizenB]

Fallen at first hurdle.

 

Left the MCOL form open whilst I consulted here and it timed out. Now it wont accept my claim number and password anymore!

 

Sorry to hear this. I would do as Dotty suggests and give Northampton a call in the morning

 

If you decide to post it to Northampton, please do make sure you send it Recorded Delivery at the very least !

[Dotty50]

How do I file a response on MCOL?

 

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.

 

You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.

 

My password doesn’t seem to be working – what should I do?

 

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

 

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to [email protected] and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

[MeeBroke]

How do I file a response on MCOL?

 

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.

 

You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.

 

My password doesn’t seem to be working – what should I do?

 

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

 

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to [email protected] and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

 

Thanks CB and Dotty

 

I'm definately entering my details correctly.

 

Just tried again and it definitely won't let me back in. I've read of problems accessing in Firefox, that it can lock you out and you may have to wait 2 hours before trying again. I suppose I need to leave it for longer and try again.

 

My MacBook only has safari and Firefox so I can't try it in IE.

 

If I end up posting, I'll send SD, I always have. I've spent hundreds on postage over the past 3 years-and kept every single receipt!

[Dotty50]

I did wonder if there was a time lock issue.

 

There is a link on the post I put which allows you to send it by email so I'd do that and save on the postage but make sure you request a read receipt.

[MeeBroke]

So frustrating. I patiently waited a few hours and...it still rejects my password. I can't believe it worked perfectly the first time. I got all the way to the page where I simply had to click 'submit'. I should have clicked the button! Now it won't let me back in at all .

 

Why have an online system?

[MeeBroke]

Hold the phone! Tried it from ipad and it worked! AoS completed. CPR in post tomorrow.

[citizenB]

Hold the phone! Tried it from ipad and it worked! AoS completed. CPR in post tomorrow.

 

Well done.

[Dotty50]

Brilliant, that's the first hurdle over!

[MeeBroke]

CPR now sent to solicitor via Special Delivery (£7!). What happens now? What are the relevant time scales etc? Thanks MB