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Comments
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thanks I will try the court again as I am not sure at what level the advice came from
Court is correct as they are only a processing centre. When the defence goes in via MCOL, the Allocating Judge will look at the claim and the defence plus paperwork and will decide if the case should be struck out or sent to a local court.
If the judge thinks there is not enough information to make such a judgment, there will be a Notice of Allocation to the Small Claims track and a Directions Questionnaire from a local court.
At this point you can pay £255 / complete a N244 and ask for a Summary Judgment (SJ )yourself by getting the case in front of a judge, explaining the situation, and inviting him/strike it out and have CEL pay the £255 plus your costs. Before you go to the SJ stage, you will have contacted CEL and invited them to send a Notice of Discontinuance to avoid them wasting the court's time in dealing with the claim.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
GOOD NEWS
received letter from CEL today and got confirmation on MCOL system below.
Your defence was submitted on 16/10/2018 at 10:01:14
Your defence was received on 16/10/2018 at 12:02:23
Notification that the claim against you was discontinued was received on 16/10/2018 at 19:07:50
Thank you all for your help claim DISCONTINUED
We now know that a deceased person cannot be sued LOL0 -
Well - although a deceased person cannot be sued, creditors can sue their estate (or a relative who has benefitted from the estate)! (See #18 in your thread)eeebygum1528 wrote: »We now know that a deceased person cannot be sued LOL0 -
eeebygum1528 wrote: »GOOD NEWS
received letter from CEL today and got confirmation on MCOL system below.
Your defence was submitted on 16/10/2018 at 10:01:14
Your defence was received on 16/10/2018 at 12:02:23
Notification that the claim against you was discontinued was received on 16/10/2018 at 19:07:50
Thank you all for your help claim DISCONTINUED
We now know that a deceased person cannot be sued LOL
BRILLIANT NEWS :j
Sounds like CEL has been reading this forum instead
of their "pirates" books
Difficult to believe the BPA have such members still0 -
Your defence was received on 16/10/2018 at 12:02:23
Notification that the claim against you was discontinued was received on 16/10/2018 at 19:07:50
5 Hours between. They must triage the defences.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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