Lifting a stay

[Pezza54]

Best to phone your local court

[dinky201]

I phone em in the morning

[dinky201]

Northampton just sent another email, saying it was ordered to move to a local court, said don't worry nothing else is on there

[Pezza54]

Are they saying the claim is still stayed? You should email back and ask that
If it is, and there is nothing recently filed regarding the claim, why would they transfer it to a local county court?

It is possible the claimant has filed the application notice at your local county court. You probably stated this court as your preferred court in your DQ

[dinky201]

Got another email from them, saying "even tho the case was at NNC, it went to CNBC and now at local court, contact them, sorry for confusion" WTH is going on with them

[dinky201]

In my experience is it the claimant and defendant responsibility to send notice to other party when sending that N244form?

[Pezza54]

If by NNC you mean Northampton Court, then CNBC is one and the same. The name changed last year
It is the court's responsibility to notify parties when the claim is transferred
You should contact your local court to find out the current position and why the claim has been transferred as you thought it was stayed

[dinky201]

If by NNC you mean Northampton Court, then CNBC is one and the same. The name changed last year
It is the court's responsibility to notify parties when the claim is transferred
You should contact your local court to find out the current position and why the claim has been transferred as you thought it was stayed

They email back saying "claimant applied to lift the stay with a hearing, hence been transfered to local court" on phone now to local court, in que number 137. gonna chase Northampton why they didnt send notice too.

[Pezza54]

They email back saying "claimant applied to lift the stay with a hearing, hence been transfered to local court" on phone now to local court, in que number 137. gonna chase Northampton why they didnt send notice too.

Practice Direction 23A APPLICATIONS
5.2 (b) covers this

The claimant under CPR should serve you, the defendant, a copy of the application notice and any evidence. Unfortunately they can wait to nearer the date the court sets for the hearing before doing this

[dinky201]

anouther email from Northampton they said "claim is still stayed untill judges order, local court will be in contact with me weather judge orders the lift or a hearing to consider the lift"

[Pezza54]

So the info you got from the court, "don't worry nothing else is on there", post 63, was incorrect. The Application Notice had been filed (was on there)
Just goes to show you shouldn't always rely on info obtained from court staff

[dinky201]

Yea, I understand they may have 1000s of cases to sort through but it is peoples lively hood and lives they are ealing with here

[dinky201]

Local court said" It is with them, the case is stayed, as you didn't consent to lift of stay, you will highly likely be given a chance to oppose it and have a say, you could email court saying you want to oppose and have, but it's not necessary as it's likely you get a chance to oppose"

[Pezza54]

That's good news. You will have a chance to file and serve your WS. The claimant is going to have a shock. They have paid over £300 court fee for the application (plus time drafting N244 and attending future hearing) and probably think lifting the stay is a foregone conclusion

[dinky201]

maybe they'll save some money, not turning up. Think its worth me emailing I want a say?? they did said I could but its not necessary