claim form from CEL he;p needed on how to play it

koby83

I have sent the defence via email. I have been on the mcol website and i can see where it says there is documents to support my acknowledgement of service. Underneath is the defence section. Am i right to leave this blank and let them up load my email or am i supposed to fill that in too?
thanks greatly for your help.

KeithP

koby83 wrote: »

I have sent the defence via email. I have been on the mcol website and i can see where it says there is documents to support my acknowledgement of service. Underneath is the defence section. Am i right to leave this blank and let them up load my email or am i supposed to fill that in too?
thanks greatly for your help.

You don't need to do anything on MCOL ever again.

All you need to do is check it to ensure the CCBC do what they are supposed to do - i.e. record receipt of your Defence, record sending out of the DQ, etc.

koby83

Just a quick update, i have seen on the MCOL that they have marked it as defence received on 30.10.18 and also sent me a letter to the same effect. It says something on the letter about waiting 28 days for a reply. I have been constantly checking MCOL and nothing yet. Do i assume that if nothing changes on there and i receive no letter then that is it and its over?
As it is almost 2 weeks now im kind of hoping it might be or are they just lulling me into a false sense of security?

KeithP

It says something on the letter about waiting 28 days for a reply.

Read that letter again.

It tells you that the Claimant has up to 28 days after receiving your Defence to decide whether to continue with the Claim or not.

So you are now waiting for the Claimant to make that decision.

koby83

So today is day 28 and I haven't heard anything back. I have checked MCOL and it is still showing as defence received on the 30/11/18 so what happens now?
is that it? can they not persue me any more? help?

nosferatu1001

You could ring the court and ask if the Claimant has responded to continue the claim
Odds on they have and the staff are behind.

koby83

i don't want to continue with it, I just want it done with. So wondering if I have heard nothing after 28 days they can no longer pursue it at they are out of time? is that correct?
thanks

Coupon-mad

No it's not.

I agree the CCBC are too busy and are delayed, so do as advised by nosferatu1001:

ring the court and ask if the Claimant has responded to continue the claim. Odds on they have and the staff are behind.

koby83

My letter says that a copy of my defence was sent to the claimants solicitor. They may contact me directly to attempt to resolve the dispute. If the dispute cannot be resolved informally the claimant will inform the court to proceed. The court will then inform me of what will happen. Where the claimant wishes to proceed, the claimant must contact the court within 28 days of receiving a copy of the defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

well 28 days have come and gone so in reading this letter it is my understanding that this claim is now stayed and they cannot continue with it unless they apply for an order to lift the stay which must now be in place!
Is there anywhere i can view this said stay? I have looked at MCOL and it just says my defence recieved 30.10.18 nothing else.????

Coupon-mad

You should never assume, and I fully expect this has NOT been stayed, and the delay is the CCBC has not yet caught up and issued the N180 forms. Noferatu1001 and I have both said we suspect the delay is with with the CCBC; they are too busy due to scumbag PPCs.