Lifting a stay

[dinky201]

Also just got email from Northampton court stating "Unfortunately we can't action this as the case is not here, its at you local court" I did respond i did not get forms or letters from them about this.

[Pezza54]

So the court has returned the claimant's evidence to you? You hadn't filed your witness statement opposing the application
It seems the claimant isn't aware either that the claim has now been allocated

[dinky201]

yea just claimant evidence, nothing else. no not filed as I was waiting for them to give forms and info that claimant wanted to lift the stay.

[Pezza54]

Just to be safe you should phone your local county court
You need to ask about the hearing to lift the stay. Say you intend to oppose the lifting of the stay and have prepared a witness statement
Confirm your conversation by email (addressed to the court manager)
I am hoping that the court hasn't accepted the claimant's application without notice and without a hearing

[dinky201]

thankyou, I will do that, should Northampton gave me chance to hand in WS?

[Pezza54]

Do you remember asking for mediation on your Directions Questionnaire?
If you did, it hasn't taken place, or has it?

[dinky201]

not by phone no

[Pezza54]

thankyou, I will do that, should Northampton gave me chance to hand in WS?

No, the Civil National Business Centre (CNBC) in Northampton would want the application notice hearing and the final hearing to take place at your local county court. Hence the allocation

[dinky201]

will i get to submit my WS?

[Pezza54]

Yes you should be given the chance. Phone your local county court in the first instance. If you are unable to get through send an email marked "URGENT"

[dinky201]

I will thankyou

[Pezza54]

When you received the court order staying the claim, what did the court order state as the reason for the stay?

[dinky201]

No response from claimant

[Pezza54]

Okay, so the court imposed an automatic indefinite stay when the claimant failed to confirm they wished to proceed or did not return their DQ

If the stay is lifted you should receive a court order confirming this. If this happens without a hearing you should post on the forum straight away for further advice

[dinky201]

Seen no court orders or given chance to hand in WS