Time For Claimant to Respond to Defense - MCOL

[bulletfoss]

Good morning all,

 

I have a question if someone is able to help...

 

If a defendant files a full defence via MCOL, stating that they don't beleive they owe the claimant money and the reasons why; how long does the Claimant have to instruct the court to proceed once this defence is received?

 

Many thanks!

[AndyOrch]

33 days (28 +5)

[bulletfoss]

33 days (28 +5)

 

If this time expires, will it also ensure continuation of the Statue Barred timer? Or does the simple action of filing a claim reset the SB clock, regardless of outcome?

[AndyOrch]

Serving of the claim stops the limitations period.

 

Thread moved to General Legal Issues.

 

 

Regards

 

Andy

[dx100uk]

about time you told us what is going on bulletfoss

 

 

that's two rather random legal question threads you've started

without the full story

[bulletfoss]

a claim was made against me for a debt which had nearly become statue barred.

 

I have filed a defence,

but about 6 months has passed since I did this and the claimant hasn't responded.

 

I wanted to know when their claim expires without a response

and if the action of the claim restarted the SB clock.

 

I am statisfied with the information which has been provided.

Many thanks!

[dx100uk]

the issuance of a claimform stalls or pauses the SB clock.

 

 

they have 28+5 days then progress things

after that

the claim becomes stayed

and they'll have to pay a fee to progress it

 

 

as andy has already answered.

[bulletfoss]

the issuance of a claimform stalls or pauses the SB clock.

 

So when would the SB clock start running again? And would it continue from where it left off, or restart the 6 year timer?

[Ganymede]

So when would the SB clock start running again? And would it continue from where it left off, or restart the 6 year timer?

 

It won't start running again. The claim is stayed by the sounds of it and will be until the claim is struck out, settled or discontinued.

 

If it was struck out and the Claimant tried to issue again it would be an abuse of process as well as SB. The 6 years is 6 years, regardless of if a claim is issued.

[bulletfoss]

So how long until it is struck out, settled or discontinued?

 

Are you saying the issue of a claim does not affect the SB timing? Meaning that if the 6 years expires during a claim, they can still claim, but as soon as it's struck out, that SB timer has run out and they can't make another claim?

 

The SB would have been Nov 2015, they started a claim in Oct 2015.

The claim still shows in MCOL with no response to my defence which was also filed in November.

[Ganymede]

So how long until it is struck out, settled or discontinued?

 

It'll be stayed forever unless one of the Parties makes an application to restore the claim or strike it out. Sometimes it's better to let sleeping dogs lie.

 

 

 

Are you saying the issue of a claim does not affect the SB timing? Meaning that if the 6 years expires during a claim, they can still claim, but as soon as it's struck out, that SB timer has run out and they can't make another claim?

 

Yes. You cannot plead SB in your Defence if it was issued within 6 years. However, if the claim is struck out and he tries to re-issue then SB would be the original 6 year period again.

 

 

 

The SB would have been Nov 2015, they started a claim in Oct 2015.

The claim still shows in MCOL with no response to my defence which was also filed in November.

 

The claim is not SB then.

[bulletfoss]

The claim is not SB then.

 

Thanks for the info! Really appreciated.

 

I know it's not SB, that's fine - but I wondered if it would become immediately SB as soon as it's struck out? Or if I would have to wait a month (as the clock stopped in October and will be continued upon strikeout).

[martin2006]

No if its struck out then it would now be statute barred if it was due to become as such in nov 15

It would be as though the claim was never issued