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HELO-AGL Bryan Carter and a County Court Claim Form

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Comments

  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It will be easy to establish whether the papers are from the court. They will bear the court stamp.

    And again, I think you are adding to the confusion, by using the word 'dispute'. OP needs to defend, not dispute this one.


    Does money claim online have a court stamp ? I am sure I have seen on this forum that it has been known that it has been known that copies of summons have been sent out implying that they have been submitted to the court

    Tbh I tend to send out County court summons , rather then receive them . but it does say they there is a dispute box on the summons

    To me you would defend a claim if you had knowledge of it , but dispute something you have no knowledge of
    Vuja De - the feeling you'll be here later
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And of course the claimant should have issued a letter before action giving the defendant time to reply
    Vuja De - the feeling you'll be here later
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    pelirocco wrote: »
    To me you would defend a claim if you had knowledge of it , but dispute something you have no knowledge of

    a flawed way of looking at it.


    if as here you dispute that you owe the debt at all, then you need to defend the claim. you use the defence part.


    if you admit the claim but simply dispute the amount, then you admit the claim but dispute the amount on the forms.


    the op clearly falls into the 1st case here
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    It will be easy to establish whether the papers are from the court. They will bear the court stamp.

    yes. they do
    And again, I think you are adding to the confusion, by using the word 'dispute'. OP needs to defend, not dispute this one.


    exactly
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    pelirocco wrote: »
    Does money claim online have a court stamp ? I am sure I have seen on this forum that it has been known that it has been known that copies of summons have been sent out implying that they have been submitted to the court. Does money claim online have a court stamp ?
    D'oh. Exactly why you look for a court stamp. As proof it has come from the court and is registered with the court. Moneyclaimonline will gain a court stamp when the court send it out to the defendant.
    pelirocco wrote: »
    ... Tbh I tend to send out County court summons , rather then receive them . but it does say they there is a dispute box on the summons

    This is the reason why you and I are having a ding dong about 'dispute' vs 'defend'. The second of your links earlier on is addressed to the claimant and not the defendant. It is just about adequate for advising the claimant, but in truth is poorly written, in that it uses 'dispute' where from the defendants perspective the defendant should be defending and fails to acknowledge the possibility of admitting a debt, but disputing the amount or some other aspect of the debt.
    pelirocco wrote: »
    ... To me you would defend a claim if you had knowledge of it , but dispute something you have no knowledge of
    No, your link written for the defendant indicates that 'dispute' is something you do on an admission form - you accept the basic fact of the alleged debt but dispute the amount or whether it is due.

    If you have a claim which you do not recognise, would you really really put the dispute on an admission form ????

    What you want from the court is for the claim to be struck down if it is for a debt you know nothing about - just the same as if you had a claim for a debt which you had actually paid in full. So if you want the claim struck down in both cases you submit a defence.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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