Court letter but no default notice on file

rbritish

Hi
Quick update. Arrow Global have said in a letter they are still trying to find the agreements from MBNA. I have notified the Court that their solicitor has failed to provide the documents within the time frames and they have not responded to my defence within the 28 days allowed. They are in default, being vexatious and deliberately legally embarrassing the defendant.
Application for the claim, after being auto stayed, to be dismissed and struck out.
RICHARD.

StopIt

rbritish wrote: »

Hi
Quick update. Arrow Global have said in a letter they are still trying to find the agreements from MBNA. I have notified the Court that their solicitor has failed to provide the documents within the time frames and they have not responded to my defence within the 28 days allowed. They are in default, being vexatious and deliberately legally embarrassing the defendant.
Application for the claim, after being auto stayed, to be dismissed and struck out.
RICHARD.

Well done, and shows that it is always essential to file your defence with the courts rather than just leave things.


The last bit really wasn't needed though. If Arrow had a deadline to respond to the court and have not, the courts themselves will deal with it, you don't need to tell them!


The danger is still that these proceedings get thrown out, they find the correct paperwork and re-file. However, I somehow doubt that's going to happen.

rbritish

Hiya Stop It

Having done a bit of research I found out that after the 28 days for the creditor to respond to the defence the Court will auto stay the claim but the creditor, while the stay is in place can reopen the claim with no cost to them.
The defendant must apply for the claim to be struck out during the stay making it more expensive and difficult for the claimant to have the case heard.
I am sure if I hadn't adhered to all the Court's deadlines the claimant would have been all over it like a rash demanding a default judgement.
RICHARD.

fatbelly

rbritish wrote: »

Having done a bit of research I found out that after the 28 days for the creditor to respond to the defence the Court will auto stay the claim but the creditor, while the stay is in place can reopen the claim with no cost to them.
The defendant must apply for the claim to be struck out during the stay making it more expensive and difficult for the claimant to have the case heard.
I am sure if I hadn't adhered to all the Court's deadlines the claimant would have been all over it like a rash demanding a default judgement.
RICHARD.

This is correct. I recently had a case where the claim had been stayed for six years, only to be re-opened and judgement given for the claimant. The courts did not allow them to have judgement for the interest over that period though.

StopIt

rbritish wrote: »

Hiya Stop It

Having done a bit of research I found out that after the 28 days for the creditor to respond to the defence the Court will auto stay the claim but the creditor, while the stay is in place can reopen the claim with no cost to them.
The defendant must apply for the claim to be struck out during the stay making it more expensive and difficult for the claimant to have the case heard.
I am sure if I hadn't adhered to all the Court's deadlines the claimant would have been all over it like a rash demanding a default judgement.
RICHARD.

I stand corrected.


I can't help but find the system to be a little bit unfair also, but hey ho.


In that case yes, I hope you get it struck out.