No default, No pre action letter, now a County Court Claim Form

[THEJONAS]

Post 26.

Post 26 i am lost???

[echat11]

Post 26 i am lost???

'So you need to wait to see if they lift the stay, just get on with your day to day stuff. But don't lose track of the case.'

[Pezza54]

Please read cpr 26.5 (1) to (6)
The claimant may have requested a stay in proceedings to try to settle the dispute amicably
The court agreed and stayed the case for 28 days
Before the end of that period, under 26.5 (6), the claimant should have notified the court of the outcome. In this case the claimant failed to contact the court
The court has now decided the claim is permanently stayed until the claimant makes an application to the court to lift the stay

The claimant may contact OP to attempt to obtain their consent (the application is cheaper) to lift the stay
OP should not consent

[THEJONAS]

'So you need to wait to see if they lift the stay, just get on with your day to day stuff. But don't lose track of the case.'

Is there a way i can challenge these additional charges of £457 on this debt

[THEJONAS]

Please read cpr 26.5 (1) to (6)
The claimant may have requested a stay in proceedings to try to settle the dispute amicably
The court agreed and stayed the case for 28 days
Before the end of that period, under 26.5 (6), the claimant should have notified the court of the outcome. In this case the claimant failed to contact the court
The court has now decided the claim is permanently stayed until the claimant makes an application to the court to lift the stay

The claimant may contact OP to attempt to obtain their consent (the application is cheaper) to lift the stay
OP should not consent

It was stayed because they didn't respond the defense in 28 days. But they are planning to apply again for CCJ they mentioned that in their letter

[echat11]

Is there a way i can challenge these additional charges of £457 on this debt

I'd challenge all of them as they seem to be 'unfair' even if they're in the 'Terms and Conditions'.

[echat11]

When you do your Witness Statement you can state that the charges are 'unfair' in your particular circumstances, i.e. you have a child under 16 and a disabled child.

https://www.financial-ombudsman.org....ccount-charges

[THEJONAS]

When you do your Witness Statement you can state that the charges are 'unfair' in your particular circumstances, i.e. you have a child under 16 and a disabled child.

https://www.financial-ombudsman.org....ccount-charges

Ok thanks

[Pezza54]

It was stayed because they didn't respond the defense in 28 days. But they are planning to apply again for CCJ they mentioned that in their letter

Responding to the Defence is optional
Filing the DQ isn't optional

[JK2054]

Responding to the Defence is optional
Filing the DQ isn't optional

No.

Claimant has to notify court within 28 days it intends to proceed with claim. If it does not claim is stayed.

DQ is after claimant confirms intention to continue.

[THEJONAS]

No.

Claimant has to notify court within 28 days it intends to proceed with claim. If it does not claim is stayed.

DQ is after claimant confirms intention to continue.

But the Claimant can apply to the judge to lift the stay? I am right?

[Pezza54]

I don't recall having to notify the court I was continuing with the claim after receiving the Defence. What is the cpr that relates?
Reply to Defence must be filed with DQ

Perhaps I did notify the court, I just can't remember
I recall being notified it was now a defended case and where the DQ was available to download to complete before printing and filing

[THEJONAS]

No.

Claimant has to notify court within 28 days it intends to proceed with claim. If it does not claim is stayed.

DQ is after claimant confirms intention to continue.

This is what i received from the court after i filed my defence.

[Pezza54]

Post 42 my mistake
MCOL Guidance for Claimants under "Proceeding with a defended case"
It does state if the claimant wants to proceed with the claim they must notify the court in accordance with the directions enclosed with the defendant's response

and
CPR 15.10 (1) (b) answers my question in post 42

[JK2054]

I don't recall having to notify the court I was continuing with the claim after receiving the Defence. What is the cpr that relates?
Reply to Defence must be filed with DQ

Perhaps I did notify the court, I just can't remember
I recall being notified it was now a defended case and where the DQ was available to download to complete before printing and filing

depends how your case was issued. Different issuing systems do it differently. For example on the new OCMC you have to file DQ within the 30 day period, or its stayed by default.