** Urgent All New Mcol Claims Automatically Stayed**

[zootscoot]

All claims issued via MCOL will be automatically stayed once a defence has been lodged.

 

If no defence is filed you can still go for judgment by default.

 

Further updates as we get them.

 

IT IS STRONGLY RECOMMENDED CLAIMANTS FILE THROUGH THEIR LOCAL COURT USING N1.

 

To see how your local court is approaching stays follow this thread:

 

Find out here if your local court is staying claims

[Elky]

I did my claim through MCOL on 19th July, deemed server on 21st July. They acknowledged on 27th July and I've heard nothing since. Will this automatically be stayed now or only if they file a defence? If they do file a defence, will this be stayed automatically?

 

Cheers for the advice

[yourturntopay]

Mine was issued on the 16th and Abbey defended on the 10th Aug and this case has been stayed, so it's likely your has been too. Ring MCOL and check tho

[zootscoot]

If your claim has been stayed by MCOL you can contact them to request that the case is transferred to your local court. If a request is received MCOL WILL transfer your claim.

 

Your local court may also order a stay which you may then, if you wish, make an application to lift the stay based on your individual circumstances.

 

There have been some successes with regards to lifting a stay but also many disappointments. You need to consider your own circumstances as to whether you feel it is appropriate for you to apply to have the stay lifted.

[rmcroydon]

I really need urgent and good advice.

 

For various reasons I'd interpreted all the press reports about the OFT test case as meaning that my case - scheduled for 21 Sep i.e tomorrow - would be postponed. I have not prepared some papers from this site but have not submitted them to the court or to Abby, although today I did fax Abbey my calculation and handed an explanatory letter to the court.

 

It's a claim for less than £5000 in the small claims court. Have I ruined my chances?

 

Any advice on how I should handle this tomorrow?

[rmcroydon]

Update on my post above

 

I had not prepared the case bundle because Abbey wrote to me in early August telling me that they would be writing to the court (Croydon) and asking for a stay, and that my case was therefore likely to be postponed.

 

Looking back on it I think they were quite arrogant to assume that the request for a stay would be granted, but that's about what I'd expect.

 

Anyway - it was confirmed when I got there that they had not written asking for a stay. Instead they had a barrister there to ask in person.

 

The judge gave me an extremely courteous and helpful overview of all the pros and cons surrounding such cases and requests for a stay, and explained that, all things considered, he thought it appropriate to agree to Abbey's request.

 

He was not impressed with Abbey's conduct in the matter (saying they'd be writing to ask for a stay and then not doing so, and then turning up with nobody from Abbey prepared to put the Abbey case in the event that he (the judge) refused a stay. Although I didn't ask, he awarded £50 witness costs (the most he can award, I think). He did this to show that he did not approve of Abbey's conduct, I believe.

 

So - a stay is granted until after the OFT case. And he said that the loser in that case is certain to appeal and so a final decison is unlikely within 12 months.

 

Interestingly, he said that Abbey's template defence in which in para 6 (or 8??) they agree that there has been a breach of contract, does NOT mean that in law there has been a breach of contract. I am not sure how Abbey's statement that there has been a breach can mean anything other than what it says - but he was quite clear that it did not allow me to assume that there had been a breach. Perhaps someone more knowledgeable than I am can explain.