Gladstones CCJ

longleggedhair

Well, the 28 days for them to reply to the court re my defence has been and gone with nothing from them, what happens now?

Coupon-mad

They don't have to send a reply to defence. The DQ form N180 stage is next, as per the NEWBIES thread post #2, and that depends on court delays at CCBC, who deal with enormous caseloads and can take weeks.

You are at the same stage as this person:

https://forums.moneysavingexpert.com/discussion/comment/72328182#Comment_72328182

HTH

longleggedhair

Coupon-mad wrote: »

They don't have to send a reply to defence. The DQ form N180 stage is next, as per the NEWBIES thread post #2, and that depends on court delays at CCBC, who deal with enormous caseloads and can take weeks.

You are at the same stage as this person:

https://forums.moneysavingexpert.com/discussion/comment/72328182#Comment_72328182

HTH

I did receive a reply from the court which states "a copy of your defence has been served on the claimant...the claimant will inform the court if he wishes to proceed...the claimant must contact the court within 28 days if he wishes to proceed, after this period has elapsed the claim will be stayed"

I have checked on MCOL and nothing has been received since my defence in late February.

Coupon-mad

Yes but that just means CCBC haven't logged it yet, could be in the pile, we've seen this stage take longer.

longleggedhair

Thanks...we'll wait and see.

longleggedhair

Hi all. Quick update. I decided to call the court today as I still hadn't heard anything since I submitted my defence in February.

I was advised that Gladstones have not responded to the court following my defence, and as such the claim was "stayed" earlier this week. The court advised that they can reactive the claim but they would have to pay a £100 fee.

Seems very odd to me that they would go to the length of putting in a claim and then not proceed with it, but I'm a happy bunny:-)

Thank you to all for the help and advice.

[Deleted User]

Good result.

Good use of courts own case management powers - recognising that the case was unlikely to succeed and requiring the Claimant to do more.

They should do it more often as nearly all particulars of claim I see on this forum fail to comply with the court requirements, which prejudices the unrepresented defendant driver.

Lamilad

Johnersh wrote: »

Good use of courts own case management powers - recognising that the case was unlikely to succeed and requiring the Claimant to do more.

Nothing to do with the court using it's power - claims are automatically 'stayed' if the claimant doesn't respond to the defence in time

"which prejudices the unrepresented defendant [strike]driver.[/strike]"

I was advised that Gladstones have not responded to the court following my defence, and as such the claim was "stayed" earlier this week. The court advised that they can reactive the claim but they would have to pay a £100 fee.

Not wanting to put a 'downer' on this but courts have such a backlog of claims and paperwork to deal with that claims are often stayed, not because the claimant has responded, but because the court hasn't processed the response as yet. Once they do (in such cases) the claim proceeds as normal.


Hopefully in this case GS genuinely haven't responded - as they won't pay to lift the stay - but just want to prepare you for all possibilities

longleggedhair

Lamilad wrote: »

Nothing to do with the court using it's power - claims are automatically 'stayed' if the claimant doesn't respond to the defence in time

"which prejudices the unrepresented defendant [strike]driver.[/strike]"

Not wanting to put a 'downer' on this but courts have such a backlog of claims and paperwork to deal with that claims are often stayed, not because the claimant has responded, but because the court hasn't processed the response as yet. Once they do (in such cases) the claim proceeds as normal.


Hopefully in this case GS genuinely haven't responded - as they won't pay to lift the stay - but just want to prepare you for all possibilities

Thanks, the court did say they have a five day back log they are working on. They said they had allowed Gladstones an extra week before the stay was applied due to this apparently, but yes I won't open the champagne just yet!

If, as it appears, they haven't responded, does anyone have any ideas as to why and what happens now?

Lamilad

does anyone have any ideas as to why and what happens now?

Nothing! Once a claim is stayed my understanding is that it will remain so indefinately.