Pre action Protocol

[Cosmos50]

If a pre action was received 2 years ago that continued for around 12 months, nothing received from the claimant for over 18 months despite a chaser letter for the claimant to provide substantive evidence. The claimant out of nowhere awakens after 18 months issuing sealed county court proceedings.

Are there time scales, how would the court see a prolonged delay would they throw this out of court once a defense is sent.

[atticus]

No, but the court may take it into account in considering other things such as costs or interest.

Might the claim have been issued now to avoid being time-barred?

[Cosmos50]

Thanks,

This is a neighbor with claims for exaggerated harassment, swearing, trespass and boundary from 2-3 arguments that were 3 years ago. We have not spoken to them since I've not received any correspondence from their lawyer for over 18 months just the sealed civil proceedings.

[atticus]

Apologies if you know this.

Make sure you complete and return the acknowledgement of service. Then you will need to prepare a defence that responds carefully to each and every point inthe Particulars of Claim.

Download and read tge handbook for litigants in person - see link in my signature.

[Cosmos50]

Thanks, I've made reference to each of the points the claimant has raised. I can not believe the lies and the levels of fabrication the claimant has gone with his attack. This has forced me to spend money on hiring a solicitor to put up a defense. I find this very unfair where anybody can force a claim leaving a defendant to spend money on lawyers fees as short notice. Can not believe claimants solicitor is entertaining this after no communication for 18 months.

I really do think claimants has a motive for a pay off or devalue our home for a take over.

[Cosmos50]

Hello, what would be the next stages when defending the claim to County.
The Court receives our defense with our substantive evidence on our position, also that the claimant has not followed pre action and their evidence is weak. Could this progress to a hearing or could it be struck out form the statements provided by claimants and defense.