For a money claim, if the Claimant doesn't respond to the defence and the claim becomes stayed, what happens next? Is there a time limit that it can be stayed for? Is there a reasonable way to get it discontinued?
Stay
Collapse
Loading...
X
-
It will sit there forever until either party does something about it. If the claimant hasn't responded on whether to proceed with the claim and the case is stayed, there's usually a reason behind that. Most commonly in debt related claims the claimant doesn't have the necessary information and evidence so will happily stay the claim until it is able to do so and then request for it to be reinstated.
As a defendant, you would be unwise to allow a claim to be stayed and you could either write to the claimant and offer them to discontinue or if not you will make an application to strike out and dismiss the claim. It is unreasonable for the Claimant to allow the claim to be stayed which would also pause time for limitation period and also as already mentioned allow them to gather necessary information they may not have had at the time of issue - that could be construed as an abuse of process, because if you don't have enough infomration about the claim then you shouldn't have issued one in the first place!If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
- 1 thank
-
Originally posted by R0b View PostIt will sit there forever until either party does something about it. If the claimant hasn't responded on whether to proceed with the claim and the case is stayed, there's usually a reason behind that. Most commonly in debt related claims the claimant doesn't have the necessary information and evidence so will happily stay the claim until it is able to do so and then request for it to be reinstated.
As a defendant, you would be unwise to allow a claim to be stayed and you could either write to the claimant and offer them to discontinue or if not you will make an application to strike out and dismiss the claim. It is unreasonable for the Claimant to allow the claim to be stayed which would also pause time for limitation period and also as already mentioned allow them to gather necessary information they may not have had at the time of issue - that could be construed as an abuse of process, because if you don't have enough infomration about the claim then you shouldn't have issued one in the first place!
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment