Optima Legal/MMF Claimform QuickQuid 'debt' ***Claim Discontinued***

[Mike_hawk]

Yep, that's the one

[tomtom013]

Okay thanks again Mike. I have just submitted the defence using MCOL. I'll get back to you with any response.

 

Thanks again and thanks to Citizen too, TT:-)

[citizenB]

[tomtom013]

Still no response to my defence from Optima finance. How long have they got to respond and what happens if they fail to respond to my defence in the allotted time (28 days???) TT:-)

[Mike_hawk]

Still no response to my defence from Optima finance. How long have they got to respond and what happens if they fail to respond to my defence in the allotted time (28 days???) TT:-)

 

If it fails to progress the case it will remain stayed pending any application from either party, I believe there are a few on here who's cases haven't moved for 3+ years

[tomtom013]

do I apply for a stay or is this an automated process. If the case becomes stayed can they restart the proceedings at a later date or can I request the case be struck out to stop them doing this?

 

Thanks TT

[citizenB]

do I apply for a stay or is this an automated process. If the case becomes stayed can they restart the proceedings at a later date or can I request the case be struck out to stop them doing this?

 

Thanks TT

 

The court automatically stays the claim if the Claimant doesn't advise it wishes to proceed.

 

If, at a later date, they decide they wish to proceed - they have to make an application to the court in order to do this. Depending on how long the stay, they might have to give a very good reason as to why they have left it so long.

 

Yes, you can also make an application to the court to have their claim struck out - however you might find yourself having to defend the claim as it is very likely they will object to this so it will go to a hearing.

[tomtom013]

Okay Thanks for the advice CB.

 

I will wait and hope the stay rides out and not push my luck with seeking the case be struck out!

 

Thanks TT

[tomtom013]

Hi,

 

 

I have just received a notice of discontinuance from MMF on the basis that each party bears their own costs. Could someone please advise what this is and what costs I am likely to incur.

 

 

Thanks TT

[fkofilee]

Woah! Congrats!!

 

Now go for MMFs throat!! They've wasted your time on this.

[tomtom013]

The notice states that it will be filed on the 14th of July should we fail to hear anything from you.

 

 

It also states that Pursuant rule 38(6)3 of the civil procedure rules 1998, due to the claim being for less than 10K you are not entitled to recover costs of defending the claim from our client.

 

 

Don't really understand. Are they trying to make me pay court costs for defending their claim and If so how much will this be?

 

 

Thanks again

[Andyorch]

No tomtom each party bears their own costs...but if the claim was never allocated you are entitled to claim wasted costs against the claimant pursuant to CPR 38(6)3...if you wish to.

 

Irrespective of that well done you have defended them and the backed off.

 

I will amend your thread title to reflect the result.

 

Congratulations.

 

Regards

 

Andy

[tomtom013]

Okay thanks Andy and thanks everyone else for the advice it was very much appreciated.

 

 

Regards

 

 

TT-

[shamrocker]

Well done. Great news!!

[citizenB]

Excellent news.