Cabot / Mortimer Clark lifting a Stay from Aug 23

[Archella]

Thank you, i will do

[echat11]

Thank you for replying, do i need to specfiy why the credit agreement does not comply, or is this left for a hearing?

I've not received any default notices, but the ones i mention were included in the claimants witness pack.

All of that goes into your Witness Statement , still a long way off.

Default Notices again for your Witness Statement.

Lifting of Stays isn't automatic.

It might be an idea to take point 15 out and do that as a Witness Statement. Give the Judge a decision to make, just on the Lifting of the Stay (although he's done it, he's got it wrong').

https://legalbeagles.info/forums/for...ness-statement

[Pezza54]

I am hopeful that you verbally argued against the stay being lifted
Had you not done so the judge could have said that as there is no opposition to the application notice to lift the stay I'll proceed with the application for summary judgement

[echat11]

Do the Defence, remove 15, do point 15 as a Witness Statement, you have nothing to lose, you've then 'emphasized' that lifting of stays isn't automatic with case law.

[Archella]

Perfect, thank you for your help guys. I've made a small donation to the page, its such a fab resource - I'll keep you posted.

[Archella]

Afternoon all,

I hope you're all well, just an update for you and a couple of questions on what is likely to happen next.

So i submitted my new defence and was then asked to submit a directions questionaire.

I said yes to mediation, however on the 9th May i received an order from the court stating the Judge had considered the papers including the directions questionnaires filled in by both parties.

It was ordered that:
1. the claim be allocated to the small claims track
2. Unless the trial fee be paid by the claimant by 29th May, or file a properly completed application.The claim be struck out without further notice and unless the court orders otherwise, you will also be liable for the costs the defendant has incurred.
3. Trial date set - for end of June.
4. Witness statements be submitted by 4th June.

I emailed the court on 30th May to find out if the correct fee or paper owrk had been filed but i haven't had a response so i phoned this morning and the court has confirmed that there has been no communication from the claimant so their claim has been struck out.

I just wondered what is likely to happen next?

They have made no attempt to settle at all, i've received no contact other than court letters.

The debt becomes statute barred in November.

I assume they can just bring another claim now if they wanted to? Would this be frowned apon?

Is there a way of reinstating this claim, or this one totally gone now?

[echat11]

I just wondered what is likely to happen next?

You'll get written confirmation in the post.

They haven't followed the Court order

Exactly.

They have made no attempt to settle at all, i've received no contact other than court letters.

That's good, sounds like they have lost interest.

The debt becomes statute barred in November.

O.K.

I assume they can just bring another claim now if they wanted to? Would this be frowned apon?

They haven't followed the Court orders, so there's not much they can do to reinstate the calm.

Is there a way of reinstating this claim, or this one totally gone now?

It's always difficult to say with 100% certainty, but it looks that way.

Well done.

[Pezza54]

Please read CPR 3.7 Sanctions for non-payment of certain fees by the claimant

The claimant was ordered to pay the hearing fee by a certain date, but failed to do this, so the claim was automatically struck out under 4 (b) (i)

Under 7 (a) the claimant can apply to have the claim reinstated but must do so within 7 days of service of the order on the claimant 8 (b)