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Hi.. i have raised a small claims court, the opponent party did not respond in the time frame and a County court judgment was raised, they have now filled a stay order saying that they never recieved the claim by post or online.. but cant prove it.. what should be my next step.. how can i respond to cancelling the stay as i have proof they have recieved the claim
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The other party will surely need to apply to court to set aside the judgment. If/when they do, the application should contain details of the grounds for doing so.
I would be surprised if they are only applying for a stay.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
thanks for responding..they claim they never recieved it via online or post ..though they have no proof from the small claims court supporting their statements and in return have put it on me that i should have sent it to another address rather than the address of the company..i am not sure what should be my next step should I issue a writ regardless.. also its just a 20 minute video hearing how will i be able to show proof that the opponent's stay has no holdingComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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