Originally posted by skyman
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Skyman v BlackHorse
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Re: Skyman v BlackHorse
Hi Nem
Thank so much I will send the letter tomorrow.
Thank you for you help
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Re: Skyman v BlackHorse
I suspect from the attitude from MC that they are not following anything up with Hillesden and I doubt your call will be passed on.Originally posted by skyman View PostHi Nem,
I have contacted to the solicitors and I ask them what they have done since they put my case on HOLD and I was informed that,
they are still waiting to hear from their claimant.
(I told them that the court informed me that the claim is stayed now so i can not wait any more for your claimant to get back)
I informed the solicitor that, can you discontinue the claim and they said no until they hear from there claimant, I said ok in this case i will have to apply for the claim to be struck out.
The solicitor said ok if that's what I wish to do I can go ahead.
I have never applied for struck out before can you please advise me what do I need to do.
Thank you for your big help.
I suggest the following to be sent to both MC and Hillesden.
Date:
Re: CC Claim No,...................................Issued On........................................
Sir/ Madam.
I refer to County Court Claim No...................................issued on behalf of Hillesden Securities T/A DLC. I have been informed by the court that this claim has been stayed and as this situation is somewhat prolonged suggest that Hilleseden Securities Ltd T/A DLC now instructs its legal representative to discontinue as it is now clear that Hillesden does not have the documents to progress this claim to trial.
If however Hillesden decides to continue the claim I will within 7 working days from the date hereon make an application to the court for the claim to be struck out the costs of the application to be paid by Hillesden.
It's worth a try saving you £155 for the application.
nem
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Re: Skyman v BlackHorse
Hi Nem,
I have contacted to the solicitors and I ask them what they have done since they put my case on HOLD and I was informed that,
they are still waiting to hear from their claimant.
(I told them that the court informed me that the claim is stayed now so i can not wait any more for your claimant to get back)
I informed the solicitor that, can you discontinue the claim and they said no until they hear from there claimant, I said ok in this case i will have to apply for the claim to be struck out.
The solicitor said ok if that's what I wish to do I can go ahead.
I have never applied for struck out before can you please advise me what do I need to do.
Thank you for your big help.
Leave a comment:
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Re: Skyman v BlackHorse
Hi Nem,
Thank you for your help, I will call the solicitor and ask them to discontinue, If they didnt agree to discontinue I will apply for the claim to be struck out.
I will post here when I call them.
Thank you
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Re: Skyman v BlackHorse
Hello Skyman.Originally posted by skyman View PostHi Everyone,
I have just spoke to the court and they told me that the the claim is now STAYED, but then again they told me that still on the case is showing it's on HOLD, and they help desk adviser said that, I can call the solicitors and ask them what they want to do, regarding the Hold, as they may lift the hold.
I didn't get what exactly they mean, as the 28 days it has been over long time now, and the solicitors never came back to me after the last letter they send me (at the above i have posted before).
Can somebody please give me an advise on this.
Thank you very much.
If a claim is stayed for an extended period because the claimant has failed to submit a response to a defence you can contact the claimant or the solicitors and " invite" them to discontinue the claim as it appears that the claimant is unable to proceed, and that if they do not agree to discontinue you will apply for the claim to be struck out and you will expect them to meet the costs of the application.
Personally I would keep this all in writing.
nem
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Re: Skyman v BlackHorse
Hi Everyone,
I have just spoke to the court and they told me that the the claim is now STAYED, but then again they told me that still on the case is showing it's on HOLD, and they help desk adviser said that, I can call the solicitors and ask them what they want to do, regarding the Hold, as they may lift the hold.
I didn't get what exactly they mean, as the 28 days it has been over long time now, and the solicitors never came back to me after the last letter they send me (at the above i have posted before).
Can somebody please give me an advise on this.
Thank you very much.
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Re: Skyman v BlackHorse
Hi Nem,
Very kind of you, OK then I will wait until the 28 days deadline then I will call the Court to find out the outcome.
Thank you so much.
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Re: Skyman v BlackHorse
Hello Skyman ,Originally posted by skyman View PostHi Nem,
I have received the attached letter from the Mortimer Clarke Solicitors today.
Can you please advise.
Thank you so much.
http://postimg.org/image/9dze83yhd/
Please be aware that MC's " On Hold" means nothing in terms of the court process, which
continues unhindered.
If they do not respond to the court within the 28 day deadline the court will stay the claim,
you are not informed if this happens so you will have to check with the court to find out what
is going on.
nem
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Re: Skyman v BlackHorse
Hi Nem,
I have received the attached letter from the Mortimer Clarke Solicitors today.
Can you please advise.
Thank you so much.
http://postimg.org/image/9dze83yhd/
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Re: Skyman v BlackHorse
Good morning nem,
Once the 28 days is over I will contact court.
Thank you very much.
- 1 thank
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Re: Skyman v BlackHorse
Good morning Skyman,Originally posted by skyman View PostHi Nem,
Sorry I have attached the letter again.
Thank you
http://server.myspace-shack.com/d21/20160212123532.jpg
The 28 days starts when the claimants (sols) receive your defence, if you
here nothing you will need to check with the court to see if the claim is
stayed as you will not be advised if this happens.
nem
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Re: Skyman v BlackHorse
Hi Nem,
Sorry I have attached the letter again.
Thank you
http://server.myspace-shack.com/d21/20160212123532.jpg
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Re: Skyman v BlackHorse
Hi Amesthyst,
I received the attached letter from Court after I submitted my Defence Online, so I wanted to share it in here.
Thank you so much.
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