Asset/Link/Kearns Claimform - old Barclaycard debt

[dx100uk]

ive made a few changes to put it correct and back to our std defence 

 

copy and paste it into mcol now.

 

you do NOT file their POC in red.

[PJB5]

Thanks dx, I have submitted the defence. 

[PJB5]

Still not heard anything from Kearns or the court, how long do they have to reply to my defence? 

[dx100uk]

you got a letter form the court acknowledging the filing of your defence?

 

dx

 

[PJB5]

Yeah I got that a few days after

Edited January 27, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

now read the whole of that letter, what else does it say?

 

dx

 

[PJB5]

I've read the letter it said they had 28 days, is that was up 28 days from when I submitted it (1/1/23) or from when it days they, the Court,  received it (3/1)?

 

And if they don't reply,  will the fact is stayed be noted on MCOL automatically or do I need to do anything? 

 

Is it unusual or commonplace for them not to reply to the Defence?

 

Cheers

Edited January 30, 2023 by PJB5

[AndyOrch]

28 + 5 for the claimant to respond.

 

Quote

And if they don't reply,  will the fact is stayed be noted on MCOL automatically or do I need to do anything? 

 

No and no.

[PJB5]

So they've not contacted me or replied to the court, at least nothing has been updated online. 

 

As i understand it the matter is now stayed and they'd need to apply to reinstate it,  what's the chances of them, first doing that and, second being allowed to do so by the Court please 

[dx100uk]

I would not start cheering for at least another 2 weeks 

 

There are always naturally court delays and yours could also be caused by over run from the holiday period 

[PJB5]

Just double checked and they still have not responded. 

 

Although I did get a statement of account yesterday, dated 12 December which is a bit fishy!!!

 

 

[PJB5]

Still nothing so hoping the matter will be stayed now and they will have to apply to reinstate. Anyone know of that ever happening before or very unlikely?

[AndyOrch]

Yes, it happens but very much dependant on the value of the claim how long its been stayed and if it's worth their while.

[PJB5]

Thanks

Still nothing so I will keep my fingers crossed, last question please,

do I ignore any further correspondence on the matter unless it is regarding an application to lift the stay? 

[AndyOrch]

Correct and the court will inform you.

[AndyOrch]

Topic open for update

[PJB5]

Thank you,

I filled in the update when I reported it as requested but it hasn't posted it.

Will it be updated or do I need to do it again?

[AndyOrch]

Post it here please reporting the topic is to notify us to open only 

[PJB5]

Hello all, thought this had gone away but unfortunately got correspondence from the court today to say the stay had been lifted.

The application from them was: 

Upon receipt of the Defence, the Claimant sought to engage with the Defendant through letters and exchange documents to attempt settlement and narrow the issues, regrettably that has not been possible.

On considering the Defence, the Claimant wrote to the Defendant through letter dated 16/05/2023 asking the Defendant to reconsider the claim and withdraw the Defence and to file a Full Admission together along with the relevant documentation, but no response was received.

The Claimant sent further letters to the Defendant dated 15/06/2023 and 19/07/2023 with the relevant documents once again inviting the Defendant to reconsider the claim and to file a Full Admission together with an offer of payment by monthly instalment, but no response has been received from the Defendant till date.

Regrettably the Defendant failed to respond to the Claimant's letters. As the Claimant does not accept the Defence there appears to no other alternative but to lift the stay to enable resolution by judicial determination.

Given my defence was submitted at the turn of the year 2022-2023 the case should have been stayed shortly after

I cannot believe that the court read that and thought oh ok, the case was stayed and the applicant who is supposed to be a professional firm did nothing for c.5 months and then wrote to the claimant (and not the court) a few times, then waits another c.6 months to apply to lift the stay and the Judge thinks yeah that is fair & just, I will order that, unbelievable!!!

I mean why should I engage with them when proceedings have been issued and god forbid they sent me the documents for a full admission and I did not agree/sign/serve them, why should I! They think they above the court and the rules! 

Sorry for the rant but I'm very angry and stressed, especially receiving this on a Saturday morning!

I find it incredible the Court would do this and fully intend to appeal/object and would be very grateful for any help or guidance about this and what I need to do & say please. 

Many thanks, P

[dx100uk]

Have you had an n244? 

This sounds rather bizaar if you haven't? 

[PJB5]

Only the one I received with the order today.

It says at the bottom of the order:

This order has been made without a hearing under the court's case management powers contained in the civil procedure rules part 3. You may within seven days of the service of this order, apply to the court to set aside or to vary the order under part 23 rule 10.

But it goes on to say I'll have to pay a fee for that!!!

[dx100uk]

Not you the claimant. 

Dx

[AndyOrch]

The defendant pays the fee if they wish to set a side the order by submitting your own n244 ...but you dont have grounds to object to lifting the stay so pointless and waste of the fee.

Has the court enclosed a DQ to allocate the claim?

Andy

 

[PJB5]

Thanks for your replies.

 

@dx100uk are you saying the claimant is liable for the fees? That would make sense given the case was stayed because of them not complying with deadlines etc. And should they have served the N244 on me?

@Andyorch I'm confused, so they can just do nothing, the case gets stayed and they decide nearly a year later they want to lift that and I don't have a say in that or the chance to argue against it?

 

 

[AndyOrch]

Afraid so it's the claimants perogative as to if and when they wish to apply to lift the stay.12mnths is nothing I've seen 5 years and the court granted it.