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Help for first timers on defending County Court Claims
Dartforddad
Posts: 31 Forumite
I became a subscriber to this forum as I'm defending a County Court Claim for parking from a private parking company.
I have done all the steps mentioned up to filing the Defence.
The last communication received was a letter stating the case would be stayed if the claimant did not respond within 28 days (so allow 33 for postage)
I am well passed this and have heard nothing else and the MCOL website reflects the same.
I have noticed quite a lot of us 'First Timers' at the same stage and could really do with some help or advice on what to expect or the process the claimant might need to follow assuming the case is stayed.
Do they have to pay something to kick start the process again ?
Can they take longer than the 28 days, as it pretty unfair as the defendant we have strict timescales and they could take their time on responding.
As mentioned I have seen a number of threads at the same stage and for most of us have never experienced the court process before so would appreciate some feedback as I/we would hate to make a procedural mistake after going this far.
Thanks in advance.
I have done all the steps mentioned up to filing the Defence.
The last communication received was a letter stating the case would be stayed if the claimant did not respond within 28 days (so allow 33 for postage)
I am well passed this and have heard nothing else and the MCOL website reflects the same.
I have noticed quite a lot of us 'First Timers' at the same stage and could really do with some help or advice on what to expect or the process the claimant might need to follow assuming the case is stayed.
Do they have to pay something to kick start the process again ?
Can they take longer than the 28 days, as it pretty unfair as the defendant we have strict timescales and they could take their time on responding.
As mentioned I have seen a number of threads at the same stage and for most of us have never experienced the court process before so would appreciate some feedback as I/we would hate to make a procedural mistake after going this far.
Thanks in advance.
0
Comments
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Check with the court
They are the definitive source as to what the status of the claim is.
If the claim is stayed they have to pay £100 fo ran application to get it moving aain.0 -
OK called the court.
For reference for others you can ask to add other names on who can enquire on the status which is useful if you are assisting someone else on the claim. Obviously the original defendant needs to do this.
Anyway, in my circumstances they had up till the 3rd of December 2018 to respond, but the Court said they are so far behind they are only processing mail and correspondence from the 28th November 2018 so though the case is stayed, it has not gone far enough yet that the claimant may have responded (can't believe they would go this far without wanting to continue, but given they seem to bulk register these its a possibility)
As was posted above the Court confirmed it would cost them £100 to carry on.
Slightly annoying as I assume the Courts close over Christmas holidays so it going to be early January before we know the next step if any.
Final question, if a claim is stayed, is there a way of stopping it completely, as it is a a bit of a Sword of Domocles hanging over you ?0
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