Just received Letter of Claim

nosferatu1001

There should have been an option for you to object. 
Regardless, you now have a live claim again, and you must deal with it on that basis. Newbies thread tells you with zero ambiguity how to do so. 

trotbot

@KeithP and @nosferatu1001 - Thank you for the swift responses.

Yes sorry, in the note explaining CPR 23.8(c) it states - you may within 7 days apply to the court an application that sets out your reasons for objection and a fee is payable upon filling the application.....etc.
Bearing in mind 7 days would pass on the 17th - I just don't have the time to respond adequately and worked on the basis it would proceed anyway. I assume their application on a Thursday was tactical knowing the objection had to be filed within 7 days.

@nosferatu1001 - Understood and will be reading up from page one again, but cheers for the headsup

Again thank you both for your input.

Le_Kirk

How long is it going to take to write a letter/e-mail of objection, send it to the court, phone up and pay the fee over the phone?  You have until Thursday.  Search the forum for "objection to lifting stay" or similar words.

Coupon-mad

This is the same as all the other 2018 ones this past week - seek and ye shall find! It has all been said half a dozen times already.

nosferatu1001

I just dont think it should be the D that has to pay
The C should have paid £100 for an application to lift the stay; that fee is only £100 if there is no hearing. Clearly you object, so there should be a hearing, neaning the claimant should have to pay the £255 (£155 extra) for a hearing. 
@bargepole et al what are your thoughts? TO me its sounding as if the C just asked the court, and the court said yes. Its far beyond the reasonable costs of SCT to add this to the Ds burden, surely?

Coupon-mad

Seems to have happened in lots of cases, and we should be telling them all to complain to the CCBC not to lift ancient stays without a fee from the Claimants.

trotbot

@Le_Kirk - It was a combination of time (3 kids plus a crazy ERP project) and fundamentally disagreeing with paying. This entire case is a disgrace and totally unfounded. The evidence I gathered two years ago fully supports this statement - point taken all the same .

@Coupon-mad - No apologies necessary. I am genuinely pleased to hear a formal consultation is finally being presented to our government over this s*** show. Let's hope this nonsense goes the way of clamping! I will follow up on your request.

To all - I would like to apologise for my seemingly lazy update. I merely wanted to reopen my thread and fully intended on doing my homework before asking for assistance.

trotbot

@Coupon-mad - It is shocking that CCBC are allowing claimants to lift stays without cost. Objections should be cost free too!... although that would result in perpetual motion

Coupon-mad

I've just posted encouraging a formal complaint to be put before a CCBC Judge (they retain or farm stuff out to a couple).  See then thread by @inasanalias

trotbot

nosferatu1001 said:

I just dont think it should be the D that has to pay
The C should have paid £100 for an application to lift the stay; that fee is only £100 if there is no hearing. Clearly you object, so there should be a hearing, neaning the claimant should have to pay the £255 (£155 extra) for a hearing. 

Absolutely!