CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Re: Need help with a court claim please

Is there anyone online to answer my few questions before i send my email as i am out of time

thanks

[mystery1]

Re: Need help with a court claim please

I think so.

Also add in to your defence that no default notice pursuant to Consumer credit act 1974 s 87 was served.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Well i sent my stuff to court saturday and got a reply this morning to say they could not view my files so i resent it to be told they could not download from an external service.

I have just resent 3 emails as for some reason you can only send a max of 25mb of data which is ridiculous. so i am hoping that they get these and can view them otherwise i am out of ideas.

[pt2537]

Re: Need help with a court claim please

Well i sent my stuff to court saturday and got a reply this morning to say they could not view my files so i resent it to be told they could not download from an external service.

I have just resent 3 emails as for some reason you can only send a max of 25mb of data which is ridiculous. so i am hoping that they get these and can view them otherwise i am out of ideas.

how did you get 25mb?

The size is only 2mb that the Court allows if i recall.

[mysticphoenix666]

Re: Need help with a court claim please

how did you get 25mb?

The size is only 2mb that the Court allows if i recall.

if you send via normal email which the lady told me to it only allows you to send upto 25mb

am i supposed to send the same stuff to the claimant?

[mysticphoenix666]

Re: Need help with a court claim please

Do i need to send my defence and supporting doc's to the claimant?

[pt2537]

Re: Need help with a court claim please

Do i need to send my defence and supporting doc's to the claimant?

The Court should serve a copy of the Defence on the Claimant.

[mysticphoenix666]

Re: Need help with a court claim please

The Court should serve a copy of the Defence on the Claimant.

Thanks PT,

I received a letter from the court today stating as much, the claimant has 28 days from date they receive it to let the court know if they wish to proceed or it gets stayed.

So what does it mean if it gets stayed?

[FlamingParrot]

Re: Need help with a court claim please

Thanks PT,

I received a letter from the court today stating as much, the claimant has 28 days from date they receive it to let the court know if they wish to proceed or it gets stayed.

So what does it mean if it gets stayed?

Stayed means proceedings are halted for a period of time, sometimes indefinitely.

[mysticphoenix666]

Re: Need help with a court claim please

Hi,

well they only have another 12 days to reply to my defence before the court stays the claim.

what will happen if they do not respond and it gets stayed as the court clerk said when i phoned that they have to pay a fee and apply to have it lifted (which i can't see them doing or they would just of replied)

[littlebert8]

Re: Need help with a court claim please

It will be stayed until either party applies to lift the stay or the claimant discontinues. I had one where the claimant left it three years before eventually discontinuing, but not until trying to bully me into a settlement. I have another claim that is still stayed for over three years.

You could apply to have the stay lifted and the claim struck out, but you would need a very strong arguement.

Hi,

well they only have another 12 days to reply to my defence before the court stays the claim.

what will happen if they do not respond and it gets stayed as the court clerk said when i phoned that they have to pay a fee and apply to have it lifted (which i can't see them doing or they would just of replied)

[mysticphoenix666]

Re: Need help with a court claim please

Hi

Well i have not heard anything from either the court or the claimant and it should of been stayed as of the 2nd Feb (need to phone the court to confirm).

So what do i do now, do i just leave it or ask the court to strike it out.

[mysticphoenix666]

Re: Need help with a court claim please

Ok so I have received an allocation questionnaire today from Northampton to fill in and send back by the 24th Feb. (So they obviously responded)

What are the next steps after I have returned this to the court?

Thanks

[Amethyst]

Re: Need help with a court claim please

Once you have returned the AQ you should receive a court date or further orders from the court. Presumably then the claimant has indicated they want to go ahead.

[mysticphoenix666]

Re: Need help with a court claim please

yes it would appear they want to go ahead.

So i have the form filled in ready to send first thing tomorrow, do i need to send a copy to the claimant?

also will i need to do anything else in preperation for the hearing or is it soley on the defence i have sent?

thanks