Capquest County Court Summons re Historical Debt

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Hi Amethyst or FP or PT or M1
Can anyone please advise me as to what is my next move and please comment on the situation re the claimants non action/response - Many thanks

[mystery1]

Re: Capquest County Court Summons re Historical Debt

The claimant has been sent your defence, one assumes (they ought to be if not), and can continue, go for summary judgement, discontinue, let the timescale lapse sending the claim in to a stay or settle with you.

You can wait, attempt to settle or try and get a proper defence which would rely on your own recollections and paperwork as well as a s78(6) defence.

An unless order for disclosure would be pointless as the claim is likely to be allocated very soon and cpr 31 is a no go on the small claims track.

M1

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thanks
What is the driver that instigates the court to do a summary judgement?

[pt2537]

Re: Capquest County Court Summons re Historical Debt

Thanks
What is the driver that instigates the court to do a summary judgement?

CPR rule 24

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

1. Can I as a defendant make an application for a summary judgement - given the circumstances ?
2. if so are there any disadvantages?
3. Also I am very confused - are not the courts are in place to provide and independent finite solution / decision on matters yet my current position seems to be placed in to indefinite limbo in favour of the claimant. Please can you please also give me your views / explanation of this unfair situation?
4. Clearly if I did not respond to the court re the claim against me then the court would have found in favour of the claimant by default. Yet when the claimant doesn't reply / respond within the timeframes the court doesn't find in the defendants favour by default. What are your views on this? many thanks

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

1. Can I as a defendant make an application for a summary judgement - given the circumstances ?

No, since you are the defendant, summary judgment would mean a CCJ against you, definitely NOT something you'd want! :scared:

[mystery1]

Re: Capquest County Court Summons re Historical Debt

No, since you are the defendant, summary judgment would mean a CCJ against you, definitely NOT something you'd want! :scared:

http://www.justice.gov.uk/courts/pro...l/rules/part24

If you think the claim has no real prospect of success you can apply. I don't think you get it in this case but you can try if you want.

M1