MCOL Defence Now Lapsed 31 Days

[howie94]

Hi all

I have completed my defence on the MCOL website and it states the solicitor / debt agency has 28 days to respond. Today it's the 31st day and am checking the MCOL website daily but no status summary updates nor set aside information ?

Anyone like too too add anything..

Kind regards Howie

[nemesis45]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

I have completed my defence on the MCOL website and it states the solicitor / debt agency has 28 days to respond. Today it's the 31st day and am checking the MCOL website daily but no status summary updates nor set aside information ?

Anyone like too too add anything..

Kind regards Howie

Hello Howie,
There is a back log in the court system. I don't know if MCOL is fully up to date.

You can always phone the court to check if the claim is stayed, you are Not informed when
this happens.

nem

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hello Howie,
There is a back log in the court system. I don't know if MCOL is fully up to date.

You can always phone the court to check if the claim is stayed, you are Not informed when
this happens.

nem

Thanks @Nemises45 I just rang Northampton court and they stated that 28 days plus 5 days service (post, email etc) but wouldn't state the current outcome but to ring back next Tuesday lf nothing is heard....

Kind regards Howie

[nemesis45]

Re: MCOL Defence Now Lapsed 31 Days

Thanks @Nemises45 I just rang Northampton court and they stated that 28 days plus 5 days service (post, email etc) but wouldn't state the current outcome but to ring back next Tuesday lf nothing is heard....

Kind regards Howie

OK Howie!
nem

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

Still no update on MCOL !!!

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

Ive just come off the phone to the courts and they have stated the the claim is now STAYED !!! Happy days Woo Hoo

I would like to thank you all for your help and guidance throughout this experience, and well done ......

Kind Regards Howie
@Nibbler @EXC @skyman @Nemises45 @stu82 @Amethyst

[nemesis45]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

Ive just come off the phone to the courts and they have stated the the claim is now STAYED !!! Happy days Woo Hoo

I would like to thank you all for your help and guidance throughout this experience, and well done ......

Kind Regards Howie
@Nibbler @EXC @skyman @Nemises45 @stu82 @Amethyst

Hello Howie,

Good news!

The claim is stayed because the claimant has not responded to your defence, the claimant
will now have to pay a fee to lift the stay if they at any point are ready to respond i.e, having
acquired the agreement etc.

If the stay becomes prolonged then you can apply to the court to have the claim struck out
with the claimant paying the costs of the application.

nem

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hello Howie,

Good news!

The claim is stayed because the claimant has not responded to your defence, the claimant
will now have to pay a fee to lift the stay if they at any point are ready to respond i.e, having
acquired the agreement etc.

If the stay becomes prolonged then you can apply to the court to have the claim struck out
with the claimant paying the costs of the application.

nem

Hi nem

Thanks for the reply,

So good news thanks for all your help, is there anything i need to do going forward from the claim i need to know about ??

kind regards Howie

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

Low and behold i have received another debt letter today stated that DLC has passed the debt to another part of their company on the 1st March 2016 and are persuing the debt and will do until its paid.....

How is this possible !!! Its been too court and STAYED and now the debt is still being chased by the chancers...

[charitynjw]

Re: MCOL Defence Now Lapsed 31 Days

Hi all

Low and behold i have received another debt letter today stated that DLC has passed the debt to another part of their company on the 1st March 2016 and are persuing the debt and will do until its paid.....

How is this possible !!! Its been too court and STAYED and now the debt is still being chased by the chancers...

The law in England/Wales is that the alleged debt still exists, but as things stand it is not enforceable through a court.

(This thread doesn't mention if you have used an SB defense - if so, there are different considerations for Scotland).

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

The law in England/Wales is that the alleged debt still exists, but as things stand it is not enforceable through a court.

(This thread doesn't mention if you have used an SB defense - if so, there are different considerations for Scotland).

Hi

Thanks for you prompt response, im living in Wales so ok as its been through the court once too which it has become STAYED as mentioned, shall i just ignore the letters and contact the court and ask if the claim can be struck out of the court ? or shall i wait an extra couple of months....

kind regards Howie

[charitynjw]

Re: MCOL Defence Now Lapsed 31 Days

Hi

Thanks for you prompt response, im living in Wales so ok as its been through the court once too which it has become STAYED as mentioned, shall i just ignore the letters and contact the court and ask if the claim can be struck out of the court ? or shall i wait an extra couple of months....

kind regards Howie

In brief, what was your defence?

Did you mention costs?

An app to strike out will cost you - it should be recoverable

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

In brief, what was your defence?

Did you mention costs?

An app to strike out will cost you - it should be recoverable

Hi

Defence was denial of default notice which was never received and that CCA request and CPR sent but no proof which nothing was ever produced.... No proof the court STAYED in my favour, no cost was ever mentioned in my defence..

Just too add this is my first Defence ever !!!

regards Howie

[charitynjw]

Re: MCOL Defence Now Lapsed 31 Days

Hi

Defence was denial of default notice which was never received and that CCA request and CPR sent but no proof which nothing was ever produced.... No proof the court STAYED in my favour, no cost was ever mentioned in my defence..

Just too add this is my first Defence ever !!!

regards Howie

So just to clarify; you submitted a defence, the court gave the Claimant 28 days to reply to your defence, the Claimant failed to comply with the court's instructions?

[howie94]

Re: MCOL Defence Now Lapsed 31 Days

Hi

That is correct the claimant failed to comply with any evidence...

Regards