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Pumpkinhead

Defence filed - what next?

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Hi everyone

 

I was issued with a claim form for an old disputed credit card debt back in late Nov. I filed my defence which shows as submitted on the MCOL website on 12 Dec and received on 13 Dec.

 

Is it correct that if I don't hear anything back from the claimant within 28 days that the claim is automatically stayed?

 

Hope you can help.


My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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Thanks for that mjt. Anyone else have thoughts on this>>>


My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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I too believe that to be correct:madgrin:

 

Andy


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Hi Pumpkin,

 

Unfortunately the Courts have been running behind because of the Christmas holidays.

 

As you have defended the Claimant will have been sent a copy of the Defence and, probably, asked to pay a fee if they wish to continue and take the matter to Court.

 

Both sides would be sent a Directions Questionnaire too.

 

I would have thought you should have received a copy of the Notice sent to the Claimant and the DQ by now.

 

Even if the Claimant doesn't reply within the time period Courts tend to send a reminder before they strike out anything!

 

You could ring up MCOL and ask them what is happening.

 

DD

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Thanks for your help everyone. I think I will ring MCOL sometime next week to check. I've had a similar situation sometime back and with that after submitting my defence (I think the claimant was just trying it on...) it just went completely quiet and I didn't receive anything that time round. Fingers crossed!


My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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im waiting on same thing. i put my defence in 4th december and i have not heard a thing or got anything from claimant or courts

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Was that MCOL as well?

 

I think you should phone them and check. Court papers can go astray just like everything else.

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yea think so i done everything on line and phoned them to check they got defence ok they told me they got it and i had a letter from court stating they have sent defence to claimant and they have 28 days to respond or it will be stayed 28days as been and gone ive heard nothing as yet

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yea think so i done everything on line and phoned them to check they got defence ok they told me they got it and i had a letter from court stating they have sent defence to claimant and they have 28 days to respond or it will be stayed 28days as been and gone ive heard nothing as yet

 

Then the claim is stayed...you dont get a seperate response from the court to state it stayed.

 

Andy


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