Advice

[Nelg352010]

Hi, I received claim form from the court back in May, have sent CPR and Defence etc, last contact from the court said that both parties had to submit statements and serve by a certain date and time, I did mine and sent via proof of postage and as yet haven't received anything from the claimant, this was almost 2 weeks ago. I have since written to the court stating that I have not received anything after they advise me to after speaking to them, there has been no updates on MCOL but I guess this could just be workload at the court.

I wondered if I should just sit and wait for the judge to review and respond as the last communication said if the documents were not served then the claim would be struck out! or should I push for something else?

Any help would be appreciated.

Cheers
G

[Nelg352010]

Re: Advice

Hi Guys, any advice please would be great.

Cheers
G

[nemesis45]

Re: Advice

Hi Guys, any advice please would be great.

Cheers
G

Good morning G,

I'm sorry your post was missed.

A quick call to the court to find out if the claim has been stayed(suspended) by the court because the claimant has not responded to your defence.

I suspect this may be the case as you are not informed when a stay is put inplace.

nem

[Diana M]

Re: Advice

I received claim form from the court back in May, have sent CPR and Defence etc, last contact from the court said that both parties had to submit statements and serve by a certain date and time, I did mine and sent via proof of postage and as yet haven't received anything from the claimant, this was almost 2 weeks ago. I have since written to the court stating that I have not received anything after they advise me to after speaking to them, there has been no updates on MCOL but I guess this could just be workload at the court.

I wondered if I should just sit and wait for the judge to review and respond as the last communication said if the documents were not served then the claim would be struck out!

By the "last communication" do you mean there has been a court Order stating both parties must file certain documents (WS?) by a specific date, and if they failed to do that the Claim or the Defence would be struck out?

You've complied (filed your WS) but the Claimant hasn't.

If so then inform the court that they haven't complied with that Order and ask for a strike out which they may be able to do without you making a formal application since it was the court's idea to impose a sanction for non compliance in the first place.

If this Order did relate to WS then I assume the claim has already been allocated to your local county court which is why MCOL no longer updates their database.

Or have I misinterpreted your explanation of the current legal status of this claim

Di

[Nelg352010]

Re: Advice

Hi Nem
Thanks, I was waiting for notice from the court! ill give them a call Monday, were now three weeks past the date, so I assume that's it done.

Thank you
G