Without Prejudice Letter - 2 years after defence sent to Small Claims Court

Archiedog

Hi,
I followed all previous threads with CEL, responding to LBC, sending defence into small claims court etc. 2 years have now passed and have just received a 'Without Prejudice Save as to costs' Letter.
Do they have any claim 2 years later?

waamo

They have up to 6 years to make a claim, assuming this is England or Wales.

If you sent a defence 2 years ago why has there not been a hearing? I know courts are slow but this is a bit of a record.

Coupon-mad

Odd.

Please explain what happened, did they drop the ball on a live claim in 2017?

Archiedog

They advised they had gone to CCBC. I followed their process and submitted by defence (I think on MCOL), it was so long ago, I don't have any details all since been shredded. I did contact the CCBC after 6 months or so and they advised me that as the claimant hadn't responded, it would be suspended and haven't heard anything until yesterday? So where do I currently stand?

nosferatu1001

Wait, you shredded a live court case? Madness
The claim was presumably STAYED becuase they failed to respond to your defence within 28 days saying they wished the claim to proceed. THats why you presumably did not get a DQ etc.

Where you stand is you send them a short letter stating they already have a court claim for this, which is currently stayed, and has been for two years. If they wish to continue with the claim, you will wait for them to pay £100 to APPLY to have the stay lifted. Until then, as you have no possibility of an adverse judgement against you until they do this, you dont have to actualy do anything.

Coupon-mad

They are trying it on, due to the stayed case, and they don't want to pay to reinstate such cases, they want to bother Defendants to scare idiots into paying to make it go away.

Do as nosferatu1001 says.

Archiedog

Sorry, I should have explained. I shredded all of the multitude of letters that CEL had sent to me and only after 12 months of not hearing from the court.
Obviously I had a login for the MCOL to send my defence to the court, but these details have been lost since. Whats the best way to get these details again from MCOL so I can get an online view of the case?

Umkomaas

Whats the best way to get these details again from MCOL so I can get an online view of the case?

Why not phone the Northampton CCBC and ask them tomorrow? Be prepared for a long wait before getting through. The earlier you call, the better your chances.

Archiedog

Hi,
We rang CCBC today and they advised us that the claim was stayed back in the middle of 2017. I'm not even going to write to them. I'm ready to fight them all the way even if it costs me more and have to go to court. I have the money to fight them and will. They aren't going to get an easy ride, but I'm open to any suggestions on the best way to do this.