MCO question regarding direct response from claimant

Olli_2

I have a question about the process. I suspect the answer will be fairly straightforward. 
Actually the defendant in this case isn't a bank but another big business, but I guess it's the same process. 
I made a claim a few weeks ago, the defendant asked for more time, through the MCO. 
They have since sent an email direct to me laying out their, frankly silly, reasons why they are not liable. 
So I went onto MCO and there is no record of their rebuttal. 
I get the feeling that I should wait until they respond to the courts, and not try to argue with what seems to me like an unoffical approach. 
If I do nothing, and they don't respond through the courts before 29th Dec (the deadline) will I win by default, or will they kick up a fuss that I didn't reply to their email?

dunstonh

They have since sent an email direct to me laying out their, frankly silly, reasons why they are not liable. 
So I went onto MCO and there is no record of their rebuttal. 

Did you go straight to MCO or did you attempt to resolve the issue beforehand?   
You are not meant to go to MCO directly.  Judges do not look favourably on people that do that.    

So, it could be that the firm  are attempting to resolve this without the MCO (as the judge would prefer). Or it could be that they are not liable and are not following the process because they are trying to save you some effort.   I have had several communications from CMCs putting in claims against us but they have misposted them as they didn't read the name of the firm correctly and picked the wrong one.   In each case of those, the legal guidance we were given was not to go through the process but to inform the claimant directly that we are not liable as they have the wrong company.

I get the feeling that I should wait until they respond to the courts, and not try to argue with what seems to me like an unoffical approach. 

The MCO is still a legal process and whilst it is a bit more consumer-friendly than the old fashioned way, the judge would not be happy with you following a process against a company that is not liable and you have been told as such.    Only if you are very confident that the firm carries the liability should you proceed.   If it turns out you continued the process against a firm that was not liable then you would suffer costs awarded against you.

If I do nothing, and they don't respond through the courts before 29th Dec (the deadline) will I win by default, or will they kick up a fuss that I didn't reply to their email?

You may win initially but the firm can then return to the process to get it reopened (they always get reopened) and then put their case across and again, you could end up suffering costs if the firm does not have liability.