** DISCONTINUED / settled in part ** Crying for help ! Please!

[charitynjw]

Re: Crying for help ! Please!

Hi Shann

Have you received confirmation from the court that your defence has been filed & sent to the Claimant, & that they've been told to reply within 28 days?

[Shann23]

Re: Crying for help ! Please!

Hi Charity,
yes I received a confirmation letter from the court , same day as I received a letter from Cabot telling me that they don't have any documents in hand so they've requested it from the original creditor.

[MIKE770]

Re: Crying for help ! Please!

meantime the case time table continues and not on hold as suggested by the idiots @ their solicitors they have no leeway with holding a case up, the court timetable rules so make sure you respond to all court directions.

[Shann23]

Re: Crying for help ! Please!

Will I receive another letter from the court after 28 days? Defence was submitted on the 10th December.. is it 28 working days or 28 days after the court received my defence? thanks again.

[charitynjw]

Re: Crying for help ! Please!

Hi Charity,
yes I received a confirmation letter from the court , same day as I received a letter from Cabot telling me that they don't have any documents in hand so they've requested it from the original creditor.

So around the 19th Dec?

Will I receive another letter from the court after 28 days? Defence was submitted on the 10th December.. is it 28 working days or 28 days after the court received my defence? thanks again.

No, the case will probably be stayed if the Claimant does not reply to your defence per court instruction.
You are not usually informed of this, so you will need to phone the court to verify. (Probably best to allow a couple of days beyond the 28 (calendar) days.

[Shann23]

Re: Crying for help ! Please!

yes it was around 19th of December.
Thank you 😊

[Shann23]

Re: Crying for help ! Please!

Hi ... just want to ask.. you think its okay to call the court tomorrow and ask about the case? or wait for a few more days? thanks x

[charitynjw]

Re: Crying for help ! Please!

Hi ... just want to ask.. you think its okay to call the court tomorrow and ask about the case? or wait for a few more days? thanks x

Probably a tad early, as there is a few days allowed for postal delivery.
You could phone & ask when the Claimant's response is due.

[Shann23]

Re: Crying for help ! Please!

Okay ..I will wait for a few more days 😊 thanks Charity 😊

[nemesis45]

Re: Crying for help ! Please!

Hi ... just want to ask.. you think its okay to call the court tomorrow and ask about the case? or wait for a few more days? thanks x

Yes you can phone the court for information.

nem

[Shann23]

Re: Crying for help ! Please!

Hi! I called the court and they said its "stayed"?! don't know what it really means and what are the next step? 🤔

[Amethyst]

Re: Crying for help ! Please!

It means the case is on hold as the claimant hasn't responded to your defence. They now have to apply to lift the stay before they can proceed.

There are a couple of options - either way though you should give it a couple of weeks first. You can just leave it festering in the background, or you could apply to the court for an order to enforce your CPR 31.14 request for an unless order - so if they fail to comply the claim is struck out - have a read through here http://legalbeagles.info/forums/show...order-at-court for an idea.

[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]; as I'm not sure where the courts are coming down with these applications at the moment.

[nemesis45]

Re: Crying for help ! Please!

Hi! I called the court and they said its "stayed"?! don't know what it really means and what are the next step? 樂

OK it means the claimant has not responded to your defence so the court has suspended the claim, the claimant must now pay a fee to continue.

The claimant can at any time pay the fee, unfortunately a " stay " is open ended.

If the stay becomes prolonged then it's worth giving them an ultimatum discontinue the claim of their own volition or you will apply to the court for the claim to be struck out and claimant will have to pay the fee for the app.

nem

[nemesis45]

Re: Crying for help ! Please!

@Amethsyst from what I'm seeing "early " application for strike out are being very robustly challenged by claimants and more than a few judges are in sympathy with them.

nem

[Shann23]

Re: Crying for help ! Please!

Hi, been a long time and still haven't received any update from claimant or solicitors.. do you think its the best time for me to send them another letter? and if so.. is there any template or any idea of another letter please?? thank you all so much! x