Thought I had updated here,

had mediation call on 22/3 and the guy tried to push ahead.

Explained I had not had everything requested, specifically and most importantly the original Credit Agreement

he spoke to them and came back to me and said they told him they have the 'reconstituted one and do not have a signed copy'.

Mediator said he would refer it back to the Court. 

Thanks dx.

Should I be requesting the original signed agreement from the claimant again in the meantime then or do I just wait until the call and say they've not completed with my request to provided the original signed credit agreement so I cannot enter into mediation?

Evening, had an email regarding mediation but it says it is only available if I answer yes to 3 questions, the first of which is:

I am willing to negotiate on the amount of the claim and I will consider a compromise.

But I'm not willing to negotiate any amount or compromise am I as my defence is the debt is unproven. 

Any advice what to do, refuse it or go on with the mediation?

Thanks

All done. You would have thought with it being an online system you could submit it on MCOL. Then it give the court address on the court order but luckily they sent me this by reply when I emailed them before so going to email it! 

Not sure if you have seen this but it contains the new email addresses from 28/2/24.

CNBC mailboxes from the 28th Feb 24.pdf

Yeah it is due today I have until midnight.

Do you think I should ask for a hearing?

Surprise surprise with the super of the court system these days I've not heard anything from them on my representations and my questionnaire is due in today.

Assume I'm best to put it my questionnaire in the meantime. If so, should I ask for determination with a hearing, Kearns have asked for without.

Thanks

Thanks dx that's done great stuff there, who is plink?

11 hours ago, dx100uk said:

no its not - doesn't say EGG anywhere and we've already covered this by checking the 1st 6 digits number on the 1st few posts here.

on the letter from the court acknowledging your defence filing. it never shows on mcol

The first page and thereon of the reconstituted credit agreement states Egg on it. 

I was speaking to a friend who said that I should have been served the N244 application to lift the stay which would have given me the chance to object.

He suggested writing to the court manager, I do not have to pay for the application and may get lucky, might not but worth a go! 

in preparing a letter to the Court manager to ask I be given the chance to raise objections I had a quick google and came across this:

Chief Master Marsh in the case of ‘The Football Association Premier League Ltd v O’Donovan & another (England & Wales High Court Chancery Division 2017) in his judgment handed down on 3 February 2017, sought to identify how the Court ought to approach an application to lift a stay. When applying the test of ‘appropriateness’, Chief Master Marsh considered the following as important factors in the balance:
a)    Whether the claimant had an adequate explanation for the delay;
b)    Whether the claimant’s claim has (at least) a real prospects of success;
c)    The defendant’s behaviour, and including his engagement with the court process, and whether any delay was caused by the defendant’s actions; 
d)    The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted;
e)    Whether any attempts were made by the claimant, within the 6 months, to ‘revive’ the claim.

Nowhere on the MCOL portal can I find the date of the stay,

is there anywhere that it is on there that I am missing or is it automatically calculated from the service of my defence?

If so under what rule as Part 15.11 CPR that deals with stays does not mention it that I can see. 

Thanks

Not sure why that happened, maybe because of the way I compressed it but hopefully this will be more legible. 

CCA Response May 2023_cca 02-2005.pdf

CCA Response May 2023_Redacted Final.pdf

Thanks dx I have redacted the amounts owed but just wanted to check should I do that or leave them in there? 

Do you mean the covering letter dx or the full bundle as there is about 20 pages without the statements

Thanks again, sorry for the late reply but I've been manic with work.

Yes I got their reply with a reconstituted agreement, turns out it was an Egg card originally.

Can I just check if I should have been made aware of their application to lift the stay please?

Thanks for your replies.

@dx100uk are you saying the claimant is liable for the fees? That would make sense given the case was stayed because of them not complying with deadlines etc. And should they have served the N244 on me?

@Andyorch I'm confused, so they can just do nothing, the case gets stayed and they decide nearly a year later they want to lift that and I don't have a say in that or the chance to argue against it?

Only the one I received with the order today.

It says at the bottom of the order:

This order has been made without a hearing under the court's case management powers contained in the civil procedure rules part 3. You may within seven days of the service of this order, apply to the court to set aside or to vary the order under part 23 rule 10.

But it goes on to say I'll have to pay a fee for that!!!

Hello all, thought this had gone away but unfortunately got correspondence from the court today to say the stay had been lifted.

The application from them was: 

Upon receipt of the Defence, the Claimant sought to engage with the Defendant through letters and exchange documents to attempt settlement and narrow the issues, regrettably that has not been possible.

On considering the Defence, the Claimant wrote to the Defendant through letter dated 16/05/2023 asking the Defendant to reconsider the claim and withdraw the Defence and to file a Full Admission together along with the relevant documentation, but no response was received.

The Claimant sent further letters to the Defendant dated 15/06/2023 and 19/07/2023 with the relevant documents once again inviting the Defendant to reconsider the claim and to file a Full Admission together with an offer of payment by monthly instalment, but no response has been received from the Defendant till date.

Regrettably the Defendant failed to respond to the Claimant's letters. As the Claimant does not accept the Defence there appears to no other alternative but to lift the stay to enable resolution by judicial determination.

Given my defence was submitted at the turn of the year 2022-2023 the case should have been stayed shortly after

I cannot believe that the court read that and thought oh ok, the case was stayed and the applicant who is supposed to be a professional firm did nothing for c.5 months and then wrote to the claimant (and not the court) a few times, then waits another c.6 months to apply to lift the stay and the Judge thinks yeah that is fair & just, I will order that, unbelievable!!!

I mean why should I engage with them when proceedings have been issued and god forbid they sent me the documents for a full admission and I did not agree/sign/serve them, why should I! They think they above the court and the rules! 

Sorry for the rant but I'm very angry and stressed, especially receiving this on a Saturday morning!

I find it incredible the Court would do this and fully intend to appeal/object and would be very grateful for any help or guidance about this and what I need to do & say please. 

Many thanks, P

Thank you,

I filled in the update when I reported it as requested but it hasn't posted it.

Will it be updated or do I need to do it again?

Thanks

Still nothing so I will keep my fingers crossed, last question please,

do I ignore any further correspondence on the matter unless it is regarding an application to lift the stay? 

Still nothing so hoping the matter will be stayed now and they will have to apply to reinstate. Anyone know of that ever happening before or very unlikely?

Just double checked and they still have not responded. 

Although I did get a statement of account yesterday, dated 12 December which is a bit fishy!!!

So they've not contacted me or replied to the court, at least nothing has been updated online. 

As i understand it the matter is now stayed and they'd need to apply to reinstate it,  what's the chances of them, first doing that and, second being allowed to do so by the Court please 

I've read the letter it said they had 28 days, is that was up 28 days from when I submitted it (1/1/23) or from when it days they, the Court,  received it (3/1)?

And if they don't reply,  will the fact is stayed be noted on MCOL automatically or do I need to do anything? 

Is it unusual or commonplace for them not to reply to the Defence?

Cheers

Yeah I got that a few days after

Still not heard anything from Kearns or the court, how long do they have to reply to my defence?