Defence Filed, Thanks very much Andy, Much appreciated your quick response.

We missed the following but can pick it up again if they proceed at witness statement stage.....

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

Oh yes meant to put that in, but if they come back I can add it in like you say.

Hello, I put my defence in on the 3rd June which the MCOL site says it was received, but I havent heard anything since, do I just keep waiting or is there a time limit?

Regards

J

The claim has now stayed..the claimant had 28 days to proceed on receipt of your defence...forget about it now until/if the court informs you otherwise.

Andy

I have received a letter from Restons the solicitors, they say they written to me on 3 july, regarding my defence, but it went to my old address, somehow MCOL still had my old address on their system, so they sent it there, I changed it as soon as i became aware of the old address being on the MCOL site.

Obviously i never received the letter so they have sent me a copy, after checking my correct address again, this new letter is dated 24th August. B asically it says they reject my template defence and say they have sent all relevant docs to me in response to my s75/77 request etc etc, and they have asked me to respond to them in 14 days, they say my defence has no real chance of success and have asked me to complete a form N9A to withdraw the defence, or submit reasonable settlement proposals to them.

Should i reply or is this matter now completed according to the courts. The fact that MCOL had my old address, but I changed it as soon as i realised, will this go against me, they sent the original court summons to my correct address, and they had my email address but didnt query the different address untill the letter was returned to them.

I dont know what to do, as I was under the impression this was now completed, as i didnt hear anything from them.

Please help.

Kind regards.

usual letter they send in most stayed case claims if you go read other reston claimform threads where they are stayed.

its not completed just they dicided to not progress it and ran out of time.

if they wish to advance it now it will cost them £255 and you'll get an N244 from the court if they do.

I have received a letter dated 22nd Jauary from Restons, with a copy of CCA agreement or a copy , and a template default notice, no signatures just standard copies, they say this is sufficient to prove my knowledge of the account.

They say i need to withdraw my Defence by completing Form N9A within 14 days. This is my last opportunity before " an application is made to lift the stay on these proceedings, to strike out the Defence and to enter Judgment against you for the full amount plus legal costs"

Can they do this, this is the first i have heard from them since August 21018, surely there are time limits, I am worried they will enter Judgment against me as they say, can they do this.

Please help, as i thought this was over.

Regards

x

std rubbish already answered in post 57

 

They say i need to withdraw my Defence by completing Form N9A within 14 days. This is my last opportunity before " an application is made to lift the stay on these proceedings, to strike out the Defence and to enter Judgment against you for the full amount plus legal costs"

 

Can they do this, this is the first i have heard from them since August 21018, surely there are time limits, I am worried they will enter Judgment against me as they say, can they do this.

 

Please help, as i thought this was over.

 

Regards

 

x

Yes they can...but its not quite that simple...it depends whether they request Summary Judgment or whether they wish the claim to proceed along the normal process....but whether they do either could be a bluff to get you to respond and fold.

Andy

what is summary judgment, can they they just get a judgment against me without a hearing

Ok i have read the summary judgement info, is this something that happens a lot, because i have not come across this before, should i be worried.

Doesent look like there is anything i can do, i have submitted my defence, what else can i do?

Quite a lot of threads here and the Legal Success Forum with regards to this process....invariably its mostly a threat and in cases were they have made application not many are successful and dismissed....very rare it ever succeeds as this type of claim can be quite complex and is not suited to Summary Judgment application....its never cut and dry and Summary Judgment is simply based on law that a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial.

There is always a reason in most cases...hence it very risky for the claimant in most cases.

Anyway they have not referred to Summary judgment in their threat to you...simply to lift the stay and proceed.

Andy