Stayed Lowell Claim- should i file an N244 to lift stay and get it struck out?

[jandia]

i was seeking some help and guidance with the below

 

Claim issued from lowells for £11k

 

I sent the CPR request and s77/78 requests.

 

I filed a defense.

 

I received draft directions which had nothing of interest other than they were happy to proceed with mediation.

 

I submitted my draft directions to the court and with a copy to lowells seeking.

 

.1 copy of the Credit Agreement

.2 Copy of the Default Notice

.3 Deed of assignment

Should the Claimant fail to comply with the order, the claim will be struck out.

 

I have received nothing from lowells.

 

Today I received

 

Standard Order for the stay for settlement with consent of all the parties.

DJ orders that the claim is stayed until 8th September 2014 to enable the parties to attempt settlement.

 

I spoke to a girl in the claims debt at Northampton. She says as I have not received any of the paperwork from lowells I could now file an N244 seeking that the stay is lifted and that the claim is struck out. Could be a heads up or the wrong advise.

 

Here is what I am thinking.

 

File the N244 with the payment of £50.00 ordering that lowells has 14 days to provide the documents or the claim is struck out. Or should I simply go for the strike out? or something else?

 

thank you

[Andyorch]

Hi jandia and welcome to CAG.

 

Couple of points.....an application to strike out now costs £155.00 and any application as such would fail.......disclosure will come after mediation anyway by order of the court...assuming they accept your draft directions.

 

Regards

 

Andy