Claim form Lowells/Carter - Statute barred Cap1 debt -***Claim Discontinued***

[AndyOrch]

Thats all it will say on MCOL...thats as far a Northampton's involvement extends.

[Realist]

Ummm so what about this mediation thing I know the debt is 7 years old so do I ignore it and let them try and prove its owed and the CCJ is valid?

[AndyOrch]

Mediation comes with the next stage...Allocation...assuming they wish to proceed.If not the claim is stayed.

[Realist]

Thanks.

[Realist]

Well its now the 27th May and still not received anything from the courts or Carters?

 

 

What do I do now?

[AndyOrch]

Nothing.......

[Realist]

Do is there a time limit?

Does the court stay the CCJ?

[AndyOrch]

Stays the claim if they do not respond within 28 days...they have not got a CCJ yet.

[Realist]

28 days from when?

 

 

And how do I stay the claim?

[Realist]

Owe......

 

 

Thanks

[AndyOrch]

All it says on MCOL is:

 

 

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

And that's it?

 

Andy

[Realist]

So they have 28 days from the time I placed a defence as you say above that was the 03/03/14 so that was up on the 1st May?

 

 

Is that right?

[AndyOrch]

No 28 days from the 3rd March was 30th March.

[Realist]

So they now cannot enforce the CCJ then and the attempt at mediation was a trick to admit the claim and start again.

[AndyOrch]

If you have filled a DQ since your defence then they have responded then its not stayed ...the claim is proceeding...rather slowly.

[Realist]

DQ?

[AndyOrch]

Received a letter from the courts today as follows:

 

 

Take notice that:

 

 

1: This is now a defended claim.

The defendant has filed a defence, (copy not enclosed).

 

2: It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

 

 

3: You must by 22 April 2014 complete the Small Claims Direction Questionnaire (form N180) and file it with the court office

 

Northampton etc etc.

 

And serve copies on all parties.

 

 

So now what do I do?

 

That was your DQ

[Realist]

Yeh just been reading up thanks.

 

 

So now again its a waiting game and if they wish to continue or not.

 

 

Do they have a time limit now since the DQ was submitted or is it left to the courts>

[AndyOrch]

To the courts .....as I initially stated you do nothing.

[Realist]

Thanks Andy your a life saver and puts my mind at rest.

 

 

Been reading up on a few threads and one was Carter sent letters or the courts placing said claim into a local court and the date was set and a few days before Carter dropped out.

 

 

I'm hoping for the same as they very well know its well over 7 years.

 

 

Thanks bud

[AndyOrch]

[Realist]

Well as of today we have still not heard a single thing from Carter.

[AndyOrch]

And probably wont

[Realist]

Good.

[Realist]

Its 11/08/14 and still nowt from these numpties.

 

 

Owe well wanted a fight.