Is there a time limit for a claimant to respond to a defence?

[16bit]

A claim was made against me on moneyclaim.gov.uk. I put my defence in. Its now been over a month and no response from the claimant. I had 28 days to respond to the claim; does the claimant have a time limit to respond to my defence or does it just go to court now? Thanks

[ostell]

There does not have to be a response to defence

[16bit]

In that case is there a time limit for them to proceed with the claim? Theres no update on the moneyclaim site so i dont know whats going on or if they have the evidence of the debt i requested.

[MIKE770]

no the case will be stayed automatically until/unless they pay to continue

[EnglandPi]

Due to the pandemic the courts are not working as well as they could, there is a backlog of cases and everything is taking longer than normal.

[MIKE770]

send some to me and I will adjudge the cases - problem solved oppss

[des8]

Give the court a ring as by now I would have expected you to have a notice of proposed allocation to track and a request to complete form N180.
But they are running late now a days

[16bit]

Thanks for the info. It seems since my last post moneyclaim has been updated, something called a DQ has been sent to me. Guess i'll find out what that is when it arrives.

Ive seen on other threads about a CPR 31.14 Request, is this something I should do?

[MIKE770]

CPR 31.14 Request send proof posting keep copy
Directions Questionnaire court will send to you

[16bit]

A few more questions if I may,

How could the original Creditor have served notice of default, and notice to terminate the agreement, when I had no address at the time they claim to have served them? And they knew I had no address because I phoned them up and told them long before the date they claim to have served those notices.

Were those notices supposed to be sent by registered post or would normal post do?

The debt is from a catalog. And ive just noticed that in the claim it states that I entered into an agreement with [catalog name]. This is not correct as the agreement was with a finance company and not the catalog. Would this make any difference to the claim?

[ostell]

Yes it possibly would. Possibly a CCA request to the catalogue and another to the finance company.

[16bit]

Thanks for all the advice.

I sent the CPR 31.14 Request.
I sent the CCA request to the catalogue and another to the finance company.
I have received the DQ from the court and from the claimant's solicitor.

A credit agreement does exist but it is not with the company named in the claim against me and, if the requested documents are supplied to me, they will show a credit agreement with a company not named in the claim against me.

Am I defending against a credit agreement with the company named by the claimant in their claim, or am I defending against the actual credit agreement with a company not named by claimant in their claim?

[EnglandPi]

You can only defend against a credit agreement with the company named by the claimant in their claim.

[16bit]

Ive a couple of weeks before my DQ form has to be in. Do I opt for mediation whether or not the requested documents are sent to me? Im sure I read somewhere, but cant find it now, that mediation cant take place if claimant doesnt supply the requested documents.

[MIKE770]

always offer mediation save as to court time, they will ask do you have all documents to proceed mediation - if not say NO they will then state no mediation and inform the court for next stage