Capital2coast FCN Dec 2014 - now Claimform - help!!

[craftsmichelle]

hi i have scanned a copy of the documents received last month and now look forward to hearing from you. thanks for your help

merged.pdf

Edited December 13, 2016 by dx100uk
documents merged redacted to one pdf file - dx

[ericsbrother]

they have allegedly sold the debt to MIL,

which is an unlawful claim by them as there has been no assignment that is lawful.

 

This has been decided by a court already so you need to acknowledge the service by the date you were told to so do that pronto.

 

All you need to do is send back the acknowledgement of service with the box ticked saying you are going to defend in full.

 

Dont agree to mediation or anything that indicates you accept you owe a bean.

 

We will put together a defence for you and you will then have another fortnight to submit that.

 

Once your skeleton defence is in (it will be just bullet points, not essays with flowery prose) you then wait for the court to send out an allocation questionnaire.

 

You then fill this in telling them when you are not available etc,

again read the form properly and dont agree to mediation.

 

MIL know they will lose if it gets to a hearing

so once they know you are defending and are using the correct defence they will discontinue to save themselves being investigated by the old bill.

 

But for now, get the form returned to the courts service in time and stop panicking you are going to beat them..

[craftsmichelle]

Hi i have now received a Judgment for Claimant (in default)

which states i have not replied to the claim form!

 

I kept a copy of the Acknowledgement of Service which i posted to them on 3rd November 2016.

 

not sure how i prove i posted it back to them

 

- are they just trying to force me to pay up?

[silverfox1961]

Hi,

Did you not acknowledge the claim on the MCOL website?

[ericsbrother]

posted it back to the court or to the claimant? You have to correspond with the court.

[craftsmichelle]

hi sory i couldnt access via internet - i posted the acknowlegement back to the Court as listed on the document i received. thanks

[ericsbrother]

did you submit a skeleton defence on that document or submit one within the fortnight after the time the AOS had to be in.

 

 

If you didnt then it has been automatically filed against you correctly,

 

 

if you did have even 1 line of something as a defence sent within a month of the issue of the claim then the court has screwed up and you need to be telling them that.

[craftsmichelle]

hiya sorry

i have just re-read the answer you gave on 3rd novemeber advising me to submit the acknowledgement of service

- which i did...

 

 

BUT forgot i needed to send in any sort of written defence within another two weeks.

 

 

.. im guessing then they are allowed to go ahead and prosecute

- should i just pay up and be done with this?

 

 

no wonder people do that as its incredibly draining having this hanging over me.

[ericsbrother]

You can pay to ask for a set-aside but that is another £255 and no guarantees of success since it was all your own fault that you didn't read the form properly.

 

 

If you are on benefits then the fee is waived so always worth pursuing.

 

 

Unfortunately you need advice from someone who deals with the courts more than the parking issues now,

you will win that bit hands down but you have to get that far.

[AndyOrch]

Craftsmichelle... I have unapproved your uploaded documents as they still contain all your identifiable details.. ( name/claim number/address).please obscure and repost.

 

With regards to your defence you may still be in time to submit if the claimant has not already requested judgment...you can email a defence to Northampton MCOL.Check the status with MCOL

 

Regards

 

Andy

[dx100uk]

documents redacted and sorted

[craftsmichelle]

Hi Andy not sure how i should submit a defence - i certainly dont have anythign prepared. when you urefer to Northampton MOCL is this the magistrates court? this is all very alien territory to me. perhaps Erics Brother can help me with one or two lines?

[dx100uk]

no bulk county court where all civil claim forms are issued from.

magistrates are criminal courts this is a civil county court claim.

 

 

look at the claim form

talks of moneyclaim website

 

 

and theres a password there to to use after you have registered as an individual

 

 

defence is easy.

 

 

but why not go ring them number is on the form

and see if you can be allowed to enter a late defence.

 

 

just tell 'em you have a family issues or something and you were delayed

 

 

see what they say