County Court Business Centre Home Retail Group

[Amethyst]

Re: County Court Business Centre Home Retail Group

You'll be absolutely fine ... just let us know when you hear anything back from the court or the claimant and we'll give you a hand with anything else needs doing xxxx

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hello everyone,

So after filing my defence i received this from the county court:

I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days of receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I hope they don't respond. EEEK. Can anyone tell me what normally happens in cases like this? I don't think the 6 year thingy has passed which means they cannot seek the money, i think the last payment was 2011, so nearly there.

Thank you

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hi Everyone,

I am back

After filing my defences i received nothing from the court or the solicitors until i received this letter about Mediation. Can anyone advise what i should do now?

The letter asks me to sign if i am willing to accept a mediation to see if we can agree to mediation instead of a hearing to resolve the dispute. i am worried about giving my number to them. Also what happens if i refuse mediation?

Any advice would be appreciated. Thank you

[nemesis45]

Re: County Court Business Centre Home Retail Group

Hello everyone,

So after filing my defence i received this from the county court:

I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days of receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I hope they don't respond. EEEK. Can anyone tell me what normally happens in cases like this? I don't think the 6 year thingy has passed which means they cannot seek the money, i think the last payment was 2011, so nearly there.

Thank you

The claimant has 28 days to respond to your defence, if they don't the court will Stay ( suspend) the claim the claimant will have t pay a fee to have the stay lifted.

If the claim is stayed you Are Not advised, after 28 days have passed with no contact from the claimant you will have to phone the court to check on the status of claim.

The " 6 year thingy" is in regard to the provisions of the Limitation Act 1980, no payment ( to any party in relation to the debt) or written acknowledgment of the debt in a relevant 6 year period having been made a debt becomes statute barred in England & Wales. The debt still exists and can be pursued until the " debtor " informs the "creditor " in writing that no payment will be made because the debt is statute barred.

Hope that helps.

nem

[VeryMariana]

Re: County Court Business Centre Home Retail Group

The claimant has 28 days to respond to your defence, if they don't the court will Stay ( suspend) the claim the claimant will have t pay a fee to have the stay lifted.

If the claim is stayed you Are Not advised, after 28 days have passed with no contact from the claimant you will have to phone the court to check on the status of claim.

The " 6 year thingy" is in regard to the provisions of the Limitation Act 1980, no payment ( to any party in relation to the debt) or written acknowledgment of the debt in a relevant 6 year period having been made a debt becomes statute barred in England & Wales. The debt still exists and can be pursued until the " debtor " informs the "creditor " in writing that no payment will be made because the debt is statute barred.

Hope that helps.

nem

Hello Nem,

thank you for replying i really appreciate it.

Will your advice help me with the mediation question i asked above? Can i still call the court and ask them about the status of the claim?

[nemesis45]

Re: County Court Business Centre Home Retail Group

Hello Nem,

thank you for replying i really appreciate it.

Will your advice help me with the mediation question i asked above? Can i still call the court and ask them about the status of the claim?

The Small Claims Mediation Service will contact you about mediation, most importantly if you have not been provided with a copy of the agreement the SMS will decline to mediate as you would be at a disadvantage, the claim will then be allocated to your local court for judges directions as to how the claim will be handled.

You can call the court for information at any point ( the court staff cannot give you legal advice),

nem

[VeryMariana]

Re: County Court Business Centre Home Retail Group

Hello,,,,

Thank you for your advise yesterday, i seriously really appreciate it.

I contacted the court and they advised as I filed my defence and the claimant refused to respond the claim has been stayed. (small yaaay)

I have re-read the letter about mediation and its just the claimants form asking for mediation from the court, i thought i had to respond but i dont think i do until i have heard from the court.

So i am going to send a letter to the claimant for status barred, and then hope and pray for the best. Is there anyway i can find out before hand if it is status barred, because i am not really sure and am just taking a punt basically. I know that last payment was around the start of 2011 end of 2010.

Thanks so much Nem and everyone else.