MCOL is a nightmare.  I can never access it keeps saying my password is incorrect.

Wrote back to them saying was statute barred,

I think they wrote back have heard nothing after that so presumed it was written off.

Will definitely write to Gladstone and contact courts.

Can I just clarify when a CCJ is issued by default it means that I have not replied to the claim form that you do via MCOL.

@FTMDaveNo - coz I open mail first and then give to him to read, would've been addressed to me anyway.

I can't find any of the original letters etc. 

I think my hubby chucked them knowing that coz fine was from a private company it was wrong for them to fine us. 

We did not get a fine put on the windscreen it was a fine sent in the post with a picture of the car. 

If I send an SAR to Gladstone would they have a copy of the original "fine" or should I send an SAR to Parking control Management.

Also if I pay the CCJ and I can prove I did not receive the relevant docs would they give me my money back?

I am just anxious about CCJ on my record.

I am self-employed (but DWP assessment says I cannot work) and get Universal credit so very limited finances.  I do COVID and flu vaccinating so its not all year round that I get an income.

Will also phone Northampton Court on Monday.

Just another quick query, when I have had claims forms before, sent in my defence etc, I usually get a notice from the courts saying it has been transferred to small claims court and they have changed the court venue from Northampton to Croydon (which is closest to me) but this did not happen in this case and the CCJ was issued in Northampton. 

Could that prove I did not receive any court papers?

Yes it does state my current address etc.  

Ive had my car for about 5 years now. 

We were actually fetching a new car for my hubby and were parked across the street from the car dealer!!!

I will look for the original letters.

I have just looked on Clearscore and the CCJ is already on my file.  If I pay within a month will they remove it?

If I ask Gladstone for a copy of my file will it have the copy of the claim form, I definitely did not get one.

I have not changed address either. 

I did not receive any court papers either or notice of trial date. 

How would I get copies of those.

2024-01-04 default judgement for claimant.pdf

Hi - I got a fine from them last February. 

I have a blue badge and parked on a yellow line for about 30 minutes. 

There were no signs etc saying we could not park.

Ignored their letters but have today received a CCJ issued in my name. 

I did not receive a claim form, notice that it was going to trial nor a trial date.  If I had I would've responded.

Is there anything I can do so that it does not go on my credit record. 

Lawyers are Gladstone Solicitors in Warrington

Hi - my hubby received a claim form  from Overdales re his Ocean/Capital One credit card.

We have been disputing the charges on the account as it was during lock down that he went into arrears, lost his job and went self-employed which had it own problems.

Capital one were aware of him having financial issues but would not give him a "time out" for a few months which was happening during lock down if people were struggling financially. the charges they put on the account were totally unfair.

received the claim form on 17/01/23 

Went onto MCOL and ticked the relevant boxes. 

Sent Overdales a CPR 31.14 and hve submitted a defence. 

In the defence he mentioned that despite sending a CPR 31.14 no documentation had been received.

Yesterday 14/03 he received an email from Overdale (see below) saying that they have no record of a CPR (which is rubbish) as he posted and emailed them (due to all the postal strikes) and have proof.

Please note, we have requested the documentation from the Original Creditor and will be providing this to you in due course.

Please find enclosed the Notice of Assignment, which shows the Claimant is legally entitled to claim the debt.

He also received another email with a copy of the Direction Questionnaire which they have sent to the courts.

my question is are they supposed to fill in and send the Direction Questionnaire as from what I remember from the GB case it was us who filled the form in not GB

Hi

my process was different to hers and they had sent all the documents to "prove" the debt before the court claim was done and there were no solicitors involved.

She has received no documents "proving" the debit ie original contract, notice of assignment etc. 

The solicitor has said the account is on hold so was not sure if the court claim would still go ahead.

Thanks for your help

Hi -

she has done all that, gone onto MCOL and contacted solicitors asking for copies of documents and received a letter back from solicitors saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation.

What she is wanting to find out having received the above response is:

1)  if no documents are received by the 33 days does a defence need to still be submitted

2) if no court claim goes ahead due to not having the relevant documents by day 33 can they make another claim

Hi justasked her to send me a copy so can  double checked with her. 

She received a COURT CLAIM FORM, she said she replied to that to get copies of documentation.

It does say Cabot on the Court Claim Form.  So will change second questions to:

If no documentation is received before the 30 days does she still need to submit a defence to the Court, she has done the acknowledgement via MCOL.

If documentation is received after the 30 days can they issue another COURT CLAIM FORM.

Hi writing on behalf of my sister coz I am always going on about how amazing this site is so she asked me for some help.

On 6th of January she received a letter of claim from Mortimer Clark for Aqua card (long stories, issues with interested and payment breaks).

I told her to send them a letter and gave her your template (CPR. 31.14). 

She has also responded to the claim.

Received a letter from them today saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation.

So questions are:

If no documentation is received before the 30 days does she still need to submit a defence?

If documentation is received after the 30 days can they issue another letter of claim.

Hope that makes sense.

See attached email

email gb.pdf

UPDATE

Got an email from te Court today saying fee had not been paid so case had been vacated.

So its a win for us!!!!

Thank all so much for your help.

Should I ask them to confirm that there is no more legal action or just leave it be.

Thanks will be on Teams.  Any advice on what to do/not to do?

Getting a bit nervous.  Will I be able to speak on behalf of my husband, he will be there as well so can answer question if needed.

The court case is set for this Friday 6th January.  It says it will be held via video link but we have received in information yet or what they will be using.

Any advice appreciated as what to say/what not to say.

Thanks

The company was dissolved in May 2022.  Would that make a difference to our case do I need to let the court know.  Also the company's last profit and loss showed a major loss should I submit that to the court

Yes - he originally signed as a limited company (part A) but they said he needed to the sign as a partnership and list details of the other directors along with contact name for the trade references.  I am trying to find out if the form is still valid if he has completed the wrong bit.

If you completed the wrong section of an Account Application form (Part B instead of Part A - see attached) would it make the application invalid/unenforceable.  The company was registered as a Private Limited compay and definitely not a partnership or sole trader.Form - LTD.pdf

Also if the documents they have submitted to you as part of an email asking for payment prior to CCJ and the one they submitted to the courts are different does that hold up. 

Its just a minor thing, the copy of the application form they sent to me via email has hand-written bits on it saying "its ok to set up" and some bit circled at the end but the one they submitted to the courts does not have any of this.

Hoping to show they have altered the documents so the court ones are invalid.

Hi - my son has done a claim via TDS to get the deposit paid.  He said a caseworker had contacted and would let me know any updates.

Hi - he has started a claim.  Still nothing since giving them his bank details.

It was paid into a protected scheme we managed to get a copy of the certificate.

The estate agents is Lewis Pointon in Nuneaton.

Will let you know once sorted.

Thank you so much for your help.  Will let him know.  Will keep you posted as they have taken his bank details and sent the info to accounts!!!!!

So if nothing by Monday will get the letter sorted.

Hi - he is dealing with the estate agents.  The house has actually been sold.  I did try and search on the TDS site to see if it was registered but nothing came up.

Its the estate agents that keep fobbing him off saying no nothing yet and we will get it sorted but its now 3 months since he moved out.

Hi - my son moved out the property in March 2022 as he was given notice by the landlord that they were moving in.

To date he has still not received his desposit back despite phoning them daily.  He is now wanting to move back to Surrey (currently lodging with a friend) and needs that money for a deposit etc of a new place.

Attached is an extract from the lease that he sent me.

Any advice PLEASE.

deposit.pdf

I did say no when I sent the form in and will email SCM services back saying a big fat NO. 

Should I tell them I am saying no because it is statute barred/

I can't make the date anyway as will be working - I do bank staff cover so can't take time off.

Just curious is it normal pratice for  to set up a mediation if I have said no.

Hi - yes they have sent me DN and agreement.  My apologies as had sent previously so thought you already had a copy.

No payments made after May 2015 and although in the letter they say I paid £1 they have not provided proof.

agreement.pdf DN.pdf