CEL Court Claim Defence Help Please

Batman2797

Good news, I've been able to log in to MCOL today (must have been an overnight issue or something) and it says defence received thank goodness.

Batman2797

Hi all,

So I haven't received any come back since I submitted my defence. Only a letter from the court acknowledging my defence was submitted. It said that CEL then had 28 days to respond, if they didn't then the claim would be 'stayed'.

It has been over 28 days and I have not heard/received anything so I am guessing the claim is stayed. However I am not sure what this means exactly? Does it mean it is over? Do I need to do anything?

many thanks,

Umkomaas

Do I need to do anything?

Check on the MCOL website for the status of the case, or phone the CCBC tomorrow.

'Stayed' means being put into a frozen state. If the claimant wants to resurrect the claim, they need to pay a further fee to do so (£100 I think).

Pirate_Parker

If it gets inside a court room be sure to add in your witness statement that you had the initial free hour plus 1 further hour as granted by the hairdressers giving you two hours of parking therefore could not be in breach. You can also challenge the amount if you haven't done so already as they are not allowed to add to it. That £100 they initially asked for is the max. (Plus costs as permitted of course.)

KeithP

Batman2797 wrote: »

Hi all,

So I haven't received any come back since I submitted my defence. Only a letter from the court acknowledging my defence was submitted. It said that CEL then had 28 days to respond, if they didn't then the claim would be 'stayed'.

It has been over 28 days and I have not heard/received anything so I am guessing the claim is stayed. However I am not sure what this means exactly? Does it mean it is over? Do I need to do anything?

many thanks,

Didn't that letter say that the Claimant had 28 days to respond after having received your Defence?

Do you actually know when the Defendant received your Defence?

Do you even know when the CCBC sent your Defence to the Claimant?

As Umkomaas said, check your claim status on MCOL.

Batman2797

Hi guys,

thank you for the feedback.

I've just checked MCOL and there is not any further update on there.

You're right KeithP, having just checked the letter again from the court and it does say 28 days from when the Claimant receives the defence. I have no idea if the courts have even sent the defence to the court, MCOL does not say. I submitted the defence on 5th November. Does it normally take this long for the court to send it to them?

many thanks,

KeithP

Batman2797 wrote: »

I have no idea if the courts have even sent the defence to the court,

Accuracy is essential at this business end of the process.

Batman2797

Hey all,

Just an update,

I've now received my directions questionaire... filled out and ready to return, but shall I do this by post or email?

Hope you all had a great xmas!

cheers,

KeithP

Send your completed DQ to the CCBC using the same email address, and the same manner, that you used for your Defence. Refresh your memory by re-reading post #2 above.

Remember to send a copy to the Claimant - address on your Claim Form.

Batman2797

Hi all,

I finally have a court date through!

It mentions about submitting statements/evidence etc to both claimant and the courts no later than 14 days prior to the date. It is quite vague on how to go about this. Any suggestions on this and what to include?

many thanks,

Batman