Pos1tive - court claim

[Pos1tive]

@tallava, Thank you very much. We submitted the defence online via email on Monday evening, now its the waiting games

[Pos1tive]

Re: HELP! Received a court claim

[MENTION=37786]FlamingParrot[/MENTION] Hmm, A little curious, I Submitted my defence by just printing it, getting my father to signing it and submitting it to the defendants email address. Would this be suffice? As advised by @PT on my thread

[Pos1tive]

Re: HELP! Received a court claim

Hi [MENTION=37786]FlamingParrot[/MENTION], I just sent it to ccbcdefendants@hmcts.gsi.gov.uk ? Is that ok?

[nemesis45]

Re: HELP! Received a court claim

Hi @FlamingParrot, I just sent it to ccbcdefendants@hmcts.gsi.gov.uk ? Is that ok?

Yes Pos that's fine.

nem

[FlamingParrot]

Re: HELP! Received a court claim

Hi @FlamingParrot, I just sent it to ccbcdefendants@hmcts.gsi.gov.uk ? Is that ok?

Yes, that was the idea. :clap2:

[Pos1tive]

Re: Pos1tive - court claim

Hello All, [MENTION=6]Amethyst[/MENTION], [MENTION=55034]nemesis45[/MENTION], [MENTION=37786]FlamingParrot[/MENTION]

I have not posted on this thread for a while - Very Sorry. I just wanted to keep all in the loop even though its been so long regarding this matter.

My father did receive a letter from the Courts dated 1st Sept 2015 stating:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). 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 after 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. "

Further more he did receive a letter from Mortimer Clarke Solicitors dated 11th Sept 2015 stating:

"We have received your defence

As previously advised, we are continuing to liaise with our client in relation to this matter. We will come back to you as soon as we can"

I have not received anything other than the above since. What position does this leave the claim in? Is there anything I should do now?

[NWHC]

Re: Pos1tive - court claim

It means that at the moment the claim is stayed

I believe but you would need to check that you could request that the claim is stuck out however that will incur a fee unless you are exempt due to low income
Maybe [MENTION=6]Amethyst[/MENTION] or [MENTION=5553]charitynjw[/MENTION] can help

[Pos1tive]

Re: Pos1tive - court claim

Thanks [MENTION=78313]NWHC[/MENTION]. My father has no income / money so I guess I would look to get this struck out? But need advice on how to proceed to do this.

[charitynjw]

Re: Pos1tive - court claim

Hello All, @Amethyst, @nemesis45, @FlamingParrot

I have not posted on this thread for a while - Very Sorry. I just wanted to keep all in the loop even though its been so long regarding this matter.

My father did receive a letter from the Courts dated 1st Sept 2015 stating:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). 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 after 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. "

Further more he did receive a letter from Mortimer Clarke Solicitors dated 11th Sept 2015 stating:

"We have received your defence

As previously advised, we are continuing to liaise with our client in relation to this matter. We will come back to you as soon as we can"

I have not received anything other than the above since. What position does this leave the claim in? Is there anything I should do now?

It means that at the moment the claim is stayed

I believe but you would need to check that you could request that the claim is stuck out however that will incur a fee unless you are exempt due to low income
Maybe @Amethyst or @charitynjw can help

Thanks @NWHC. My father has no income / money so I guess I would look to get this struck out? But need advice on how to proceed to do this.

Imho I would contact the court to find out the current 'status' of the claim. If it is still stayed, I would apply for an application without hearing (costs about £50, or possibly free if low income, etc.) to have it struck out.

The court staff are usually pretty good at helping with the correct forms, etc, though they can't give legal advice.

[nemesis45]

Re: Pos1tive - court claim

Hello All, @Amethyst, @nemesis45, @FlamingParrot

I have not posted on this thread for a while - Very Sorry. I just wanted to keep all in the loop even though its been so long regarding this matter.

My father did receive a letter from the Courts dated 1st Sept 2015 stating:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). 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 after 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. "

Further more he did receive a letter from Mortimer Clarke Solicitors dated 11th Sept 2015 stating:

"We have received your defence

As previously advised, we are continuing to liaise with our client in relation to this matter. We will come back to you as soon as we can"

I have not received anything other than the above since. What position does this leave the claim in? Is there anything I should do now?

Good morning Positive,

The claim has most probably been stayed by the court because the claimant has not responded to the defence.

Phone the court tomorrow and check.

nem

[Pos1tive]

Re: Pos1tive - court claim

Good Morning [MENTION=29921]nemesis[/MENTION],

Many Thanks for your reply. I will chase the courts tomorrow.