County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

[echat11]

Hi Pezza54 echat11

on MCOL it shows as “defence received” but not showing as stayed even though the letter from July said it would be after 28 days. I can’t see any way to contact them online?

MCOL only contains minimum / basic information. To get up to date information, you will need to ring the Court.

If you ring them at 8.57am tomorrow you should get through to someone - 0300 123 1372.

[Kanga86]

Brilliant, thank you. I will update as soon as Ive spoken to someone.

[Kanga86]

Hi Pezza54 echat11 . I have been calling the number you gave me and have managed to find an email address for the court. I am yet to get hold of anyone though. Other than keep trying, do you have any advice for next steps? Shall I reply to the solicitors? I’ve always tried to make sure I don’t ignore any correspondence from them.

many thanks

[echat11]

Hi Pezza54 echat11 . I have been calling the number you gave me and have managed to find an email address for the court. I am yet to get hold of anyone though. Other than keep trying, do you have any advice for next steps? Shall I reply to the solicitors? I’ve always tried to make sure I don’t ignore any correspondence from them.

many thanks

Isn't it better to find out exactly how the case stands, then respond accordingly, rather then respond and find out you've responded incorrectly.

[Kanga86]

Yes, thank you. Ok, I’ll keep trying.

[Kanga86]

Hello echat11 managed to get through to somebody this morning as I have the morning off work.
she advised that there has been no activity on the case since my defence and the claimant has not responded at all. She advised that the claim will remain stayed for as long as possible but that the claimant will need to apply to lift the stay if they want to proceed.

I asked if I should respond to their letters with a copy of the defence and she said she could not advise on that but, from the courts point of view, I have done everything required.

What do you advise? Reply to them with a copy of the defence acknowledgment from the court or leave it as its now got to that stage?

I hugely appreciate all your help with this

[Pezza54]

If the claimant decides to apply to have the stay lifted they will have to pay another court fee of Ł119 and have a good reason why they did not respond to the court within 28 days (CPR 15.10)
The claim has not yet been allocated to the small claims track so you should not object to any such application. If you dispute the application and lose the court may decide you are liable for the claimant's legal costs. So my advice is to do nothing and just wait

[echat11]

Hello echat11 managed to get through to somebody this morning as I have the morning off work.
she advised that there has been no activity on the case since my defence and the claimant has not responded at all. She advised that the claim will remain stayed for as long as possible but that the claimant will need to apply to lift the stay if they want to proceed.

I asked if I should respond to their letters with a copy of the defence and she said she could not advise on that but, from the courts point of view, I have done everything required.

What do you advise? Reply to them with a copy of the defence acknowledgment from the court or leave it as its now got to that stage?

I hugely appreciate all your help with this

Agree with Pezza.

Have you gone through the document's you've received to see if they are compliant?

O.K. the case is stayed. It is for them to 'lift the stay, pay the fee' if they want to proceed.

It seems they want to know what you think of the documents they have sent, you are under no 'obligation' to respond. Let them 'lift the stay' if they believe they has a case.

[Kanga86]

Thank you so much Pezza54 echat11 I really appreciate your help. How long do they have to apply to lift the stay or is there no time limit? I shall just wait it out and see what happens.

Thanks so much again

[echat11]

Thank you so much Pezza54 echat11 I really appreciate your help. How long do they have to apply to lift the stay or is there no time limit? I shall just wait it out and see what happens.

Thanks so much again

There is no time limit.

The Court will write to you if it's 'lifted'.

[Kanga86]

Hello Pezza54 echat11 I was wondering if I could possibly ask your advice on the something?

Today I received an N180 Directions questionnaire, a copy of the N244 application the claimant made to lift the stay and provisionally allocate to the small claims track. I have also received a copy of the N271 'Notice of transfer of proceedings' which states "This claim has been transferred to the county court at (LOCAL TOWN) for that court to deal with the defendant's application for strike out claim"... Can I ask what this means?

I understand the N180 form and how to complete that however, the documents that were (eventually!) sent to me, months after requesting them, show that no payments have been made and there has been no communication on this claim since 2014! Therefore, I am pretty certain that it falls under a statute barred... Can you advise on the best way of responding appropriately to explain that?

Many thanks

[Pezza54]

Who made the application to strike out the claim if you didn't?

[echat11]

Who made the application to strike out the claim if you didn't?

'for that court to deal with the defendant's application for strike out claim'

I think the Court may have got that bit wrong, I think it should read, 'the Claimant's application to strike out the Defence'.
In the Defence it does state that 'the Defendant wants to strike out the claim' but the Defendant hasn't made any applications.

Ring the Court Monday, early, find out if they've got it wrong, should it state ''the Claimant's application to to strike out the Defence'?.

Once you've done that update the thread

You should also receive a Directions Questionnaire, so you can add a Witness Statement against 'lifting of the stay' (I think it's been over 7 months that the stay has been in place, you can also state the debt is statute barred etc).

[Kanga86]

Brilliant, thank you so much. No, I have made no application to strike out the claim but it does state on the copy of the N244 that “the defence is not accepted by the claimant”. So I will call them first thing Monday and update. The letter I received back in July advised the claim would be stayed in August (again, I shall dig out all of the papers for exact dates) so it has been over 7 months.

Much appreciated as always

[Pezza54]

The claimant will need a good reason why they have left the claim stayed for so long