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

[JK2054]

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

Sure but he/she will have to pay for that and explain why they took so long.

[THEJONAS]

You file your defence, the other party normally replies to it, the Court sends a Directions Questionnaire to both parties, you might have the opportunity of Mediation, if it's not settled, then Witness Statement then Hearing, Judgement etc. All this is a long way off.

Update when you get responses.

This is an update from the Court Website MCOL

Case stay lifted ..11/24
Case stayed ..11/24

Same dates case stay lifted and case stayed

[echat11]

O.K. so they have lifted the 'stay'.

You should receive a Directions Questionnaire from the Court.

You need to fill this in and send a copy to the Court and send a copy to the Claimants solicitors, make sure you get Proof of Postage.

You want Mediation, but you haven't received all the documentation requested.

(You will receive a copy of the Claimants DQ in the post, they may send you a blank one to fill in, but wait for the Court to send you one)

https://legalbeagles.info/library/gu...uestionnaire//

If you don't receive it in within the next 2 weeks, ring the Court.

It can also be found online, so you can download it and fill in and send off.

[THEJONAS]

O.K. so they have lifted the 'stay'.

You should receive a Directions Questionnaire from the Court.

You need to fill this in and send a copy to the Court and send a copy to the Claimants solicitors, make sure you get Proof of Postage.

You want Mediation, but you haven't received all the documentation requested.

(You will receive a copy of the Claimants DQ in the post, they may send you a blank one to fill in, but wait for the Court to send you one)

https://legalbeagles.info/library/gu...uestionnaire//

If you don't receive it in within the next 2 weeks, ring the Court.

It can also be found online, so you can download it and fill in and send off.

No the case was stayed

[echat11]

No the case was stayed

Phone the Court, double check with them.

They have to file an Application to 'lift the stay' and pay a fee.

[THEJONAS]

Phone the Court, double check with them.

They have to file an Application to 'lift the stay' and pay a fee.

The above case was stayed.

I have 3 defaulted accounts with the same creditor. On one of the accounts today i received a big envelope with their defence and an expenditure form. They say they have made an application to the court for my defence to be struck out and for summary judgement to be granted in their favour and they said i should receive a notice of a court hearing soon. They said i should send the offer of repayment within 5 days.

They are saying they would rather agree with me to repay the debt than proceed with a court hearing. But the problem is i have tried to reason with them before they want the debt to be cleared within 36 months. Which i am not able to clear within that time frame.

How should i go about it.

[echat11]

The above case was stayed.

I have 3 defaulted accounts with the same creditor. On one of the accounts today i received a big envelope with their defence and an expenditure form. They say they have made an application to the court for my defence to be struck out and for summary judgement to be granted in their favour and they said i should receive a notice of a court hearing soon. They said i should send the offer of repayment within 5 days.

They are saying they would rather agree with me to repay the debt than proceed with a court hearing. But the problem is i have tried to reason with them before they want the debt to be cleared within 36 months. Which i am not able to clear within that time frame.

How should i go about it.

How long has the stay remained in place for that case?

[THEJONAS]

How long has the stay remained in place for that case?

I have 2 accounts which i defended. The first one is stayed i am sure of that. The second one is the one i received the letter today.

[THEJONAS]

I have 2 accounts which i defended. The first one is stayed i am sure of that. The second one is the one i received the letter today.

History of the second one which i received the letter today

Your defence was received on 12/12/2024

Case Stay Lifted on 31/01/2025

[echat11]

History of the second one which i received the letter today

Your defence was received on 12/12/2024

Case Stay Lifted on 31/01/2025

O.K. so you have a Hearing date?

[THEJONAS]

O.K. so you have a Hearing date?

No hearing date.

[THEJONAS]

No hearing date.

They are saying they want to avoid a hearing.

[THEJONAS]

O.K. so you have a Hearing date?

By the way the form that i received is a N244

[echat11]

By the way the form that i received is a N244

So what you could do is send a Without Prejudice Save as to Costs letter (that must be written on the letter).

Set out your Terms for settling the Claim i.e. £XXX over 6 years, they also waive the interest etc.

The Judge / Court won't look at this letter, until after the case. You can show the Court you tried to settle the claim, but the Creditor wasn't interested. This may prevent the Creditor claiming costs against you (dependant on if you've kept to the CPR rules).

https://hallellis.co.uk/without-prejudice-in-disputes/

Send an Income and Expenditure Form, make allowances for the 'Cost of Living' crisis.
Food, energy etc. Don't over commit.

https://nedcab.cabmoney.org.uk/

They know that a Court will only ask you to pay what you can afford.

[THEJONAS]

So what you could do is send a Without Prejudice Save as to Costs letter (that must be written on the letter).

Set out your Terms for settling the Claim i.e. £XXX over 6 years, they also waive the interest etc.

The Judge / Court won't look at this letter, until after the case. You can show the Court you tried to settle the claim, but the Creditor wasn't interested. This may prevent the Creditor claiming costs against you (dependant on if you've kept to the CPR rules).

https://hallellis.co.uk/without-prejudice-in-disputes/

Send an Income and Expenditure Form, make allowances for the 'Cost of Living' crisis.
Food, energy etc. Don't over commit.

https://nedcab.cabmoney.org.uk/

They know that a Court will only ask you to pay what you can afford.

So if we go to court am i going to get a ccj?