Duplicate CCJ Claim

jms88

I'm purposefully not going to put the whole background to this so not to reveal myself to any unscrupulous individuals who might be lurking.


Earlier in the year a claim against me was submitted by Mercedes (MBFS) using Mortimer Clarke Solicitors (M.C).

The initial claim was discontinued, as I informed MBFS that I had sent several (ignored) letters by tracked post. I had since offered a payment plan which MBFS declined.

I have now received a CCJ claim form, for the same claim.

After doing some reading, it is my understanding that they cannot lodge another claim without first obtaining permission from the court to do so. (According to the below from DCA website)

Discontinuance and subsequent proceedings

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38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim

I've firstly emailed MCOL querying this as they've been helpful in the past but what I want your guys assistance with is;

A - Do I acknowledge the claim online as I normally would?
B - Am I correct in my (limited) knowledge that this claim cannot just be lodged again as per 38.7 above? I did file a part defence as per (a) and the claim is the same as the first claim.
C - What is the process for the solicitors to ask the court for permission, how do the courts view this type of case?

Any views or thoughts are much appreciated

Cheers