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

KeithP

koby83 wrote: »

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.????

Your understanding is wrong.

Yes, 28 days have come and gone but you do not yet know whether the court have received notification from the Claimant.

There is nothing stating that the Defendant has to be advised of the Claimant's decision within twenty-eight days, is there?

As advised by others, it could well be that the court is busy and delayed.

KeithP

And just to add:

The twenty-eight days we are all talking about starts when the Claimant is served your Defence - not when you file your Defence.

So there is a good possibility of a delay in the court sending out the Defence to the Claimant.

koby83

Ah ok so the claimant might have let the court know within 28 days but they might not of passed it on to me.
I have a letter from the courts for reciept of defence for the 30/10/18
the letter specifically says if they wish to proceed with the claim the claimant must contact the court within 28 days of receiving the defence or the claim will be stayed.

Coupon-mad

Yes we know, it's all standard stuff. As is a two or three week backlog at the CCBC...