MCOL 2 Claims for Same Debt

derber

Good Morning. I was wondering if you could help.
This morning I have received an email from MCOL for a claim. The claim has been issued by the same company who already have a live MCOL claim against me for the same debt that was issued in January and has sat "dormant" since issuing my defence. Please can you let me know if a company can issue 2 x claims for the same debt? The MCOL helpline seems to be closed at the moment due to COVID.
Thank you in advance.

DoaM

No they can't, and this may be seen as an abuse of process. However you MUST acknowledge the claim and prepare a defence (but I'm sure you already know this). Your defence should be simple - the same as last time, except this time you add at the start the other claim number and state that this new claim is vexatious as it is a second claim for the same alleged debt.

I assume you know NOT to enter anything in the Defence box when doing the AoS? (Anything you put in there is your defence ... you can't change it).

steampowered

Yes, it's an abuse of process. File a defence on that basis - state clearly the details of the other proceedings in your Defence.

derber

Thank you for your replies. I have only acknowledged the new claim and requested the additional 14 days and not entered any defence. The new one is for a different amount but for the same service. It’s a mine field all of this and trying to get legal advice from a solicitor seems impossible at the moment!