Court Claim Form Received - Cabot/Mortimer Clarke - First Steps help please...

[beaglepup]

Just to update the thread to confirm that I have now submitted my defence to the court and sent a copy to the client's solicitors. Hopefully that's everything for now and it's just a case of waiting to see what happens next. A very special and heartfelt thank you to ECHAT11 for your kind and steady hand. Fingers crossed it all works out. Much appreciated, BP.

[echat11]

Just to update the thread to confirm that I have now submitted my defence to the court and sent a copy to the client's solicitors. Hopefully that's everything for now and it's just a case of waiting to see what happens next. A very special and heartfelt thank you to ECHAT11 for your kind and steady hand. Fingers crossed it all works out. Much appreciated, BP.

They have 28 days to respond to your defence.
Update the thread with their next response. Letter, requested documents etc.

[beaglepup]

Good morning,

Well, well, well... I have, this morning, received a reply from the client's solicitors with a response to my defence from 18 months ago! It is a four page letter sent by email, seemingly setting out their client's position with regard to the outstanding claim and supposedly providing the proof as requested in my defence. Can I please trouble you to let me know what I should do next? If anything? Happy to post anything here as long as I know what to blank out etc.

Many thanks in advance,

BP

[Pezza54]

The claim should have been struck out by the court last year.
Did you receive anything from the court?

[echat11]

Contact the Court, find out from them what the status of the Claim is.
Also if the Claimant has has made an application to remove the 'stay' on the case?
Also if they have paid the fees they must for the application.

Then update the thread.

[beaglepup]

Thank you. It appears that they have not yet submitted an application to remove the stay on the case. The have included the following in their email -

Our Client’s position
For the reasons set out above, it appears to us that you do not have a valid defence, as
currently pleaded, to our client’s claim. We, therefore, urge you to consider and withdraw
your defence and to admit the debt in full.
Our client remains willing to settle this matter. Please contact us with any settlement
proposals you would like to put forward to our client.

If we don’t hear from you then the next step is for us make an application to lift the stay
on proceedings and request summary judgment.

[echat11]

Thank you. It appears that they have not yet submitted an application to remove the stay on the case. The have included the following in their email -

Our Client’s position
For the reasons set out above, it appears to us that you do not have a valid defence, as
currently pleaded, to our client’s claim. We, therefore, urge you to consider and withdraw
your defence and to admit the debt in full.
Our client remains willing to settle this matter. Please contact us with any settlement
proposals you would like to put forward to our client.

If we don’t hear from you then the next step is for us make an application to lift the stay
on proceedings and request summary judgment.

I don't think they have the correct documentation.
You can wait to see if they lift the stay, as well as offering a 'nominal amount' to settle the claim.
If you do, write 'Without Prejudice As to Save Costs' on the offer letter. Make sure you get Proof of Postage.