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Need Advice now GOODF has gone

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Re: Need Advice now GOODF has gone

Post by westcountryhelp on Tue Dec 05, 2017 6:52 am

Good morning all

Advice needed please on a couple of points

The pressing one is in relation to the above

1. I received a letter dated the 2nd of november stating an acknowledgement of receipt of my defence (which was sent on the 30th of october) from the HM courts and tribal service. It states that "a copy is being served on the claimant (or claimants solicitor) and the claimant will inform the court of he wishes to proceed, and the court will inform me of what will happen. If they wish to proceed they must contact the court 28 days after receiving a copy of my defence. after that period has elapsed the claim will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay"

what does this mean, as it is now the 5th of december and i have heard nothing.

i left it 28 days plus 5 days (which is what was detailed on a previous correspondence in relation to getting back to them) and want to respond to them accordingly.

can anyone point me in the right direction please?

2. i have received a letter from a new DC (cap quest) in relation to an alleged debt. this has gone round the houses a bit and has been dealt with in the past with the 3 letters, this was when GOODF was up and running. Should i just start the 3 letters process again or is there a new form of 3 letters? ( think i remember reading this somewhere)

as ever any advice is gratefully received.

many thanks as always

westcountryhelp
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Re: Need Advice now GOODF has gone

Post by daveiron on Tue Dec 05, 2017 9:16 am

Hi,

1. It looks good,you could of course try asking the court ( although I found recently that they do not appear to answer the phones anymore,& emails take about 15 days to answered) that was my experience anyway.
Best wait for tiggy for the best response .

2. The new letters are in the debt section (New letter process) & the old ones are there also in the debt section ,take your pick.


daveiron
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Re: Need Advice now GOODF has gone

Post by Tiggy on Tue Dec 05, 2017 12:28 pm

@westcountryhelp wrote:Good morning all

Advice needed please on a couple of points

The pressing one is in relation to the above

1. I received a letter dated the 2nd of november stating an acknowledgement of receipt of my defence (which was sent on the 30th of october) from the HM courts and tribal service. It states that "a copy is being served on the claimant (or claimants solicitor) and the claimant will inform the court of he wishes to proceed, and the court will inform me of what will happen. If they wish to proceed they must contact the court 28 days after receiving a copy of my defence. after that period has elapsed the claim will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay"

what does this mean, as it is now the 5th of december and i have heard nothing.

i left it 28 days plus 5 days (which is what was detailed on a previous correspondence in relation to getting back to them) and want to respond to them accordingly.

can anyone point me in the right direction please?

2. i have received a letter from a new DC (cap quest) in relation to an alleged debt. this has gone round the houses a bit and has been dealt with in the past with the 3 letters, this was when GOODF was up and running. Should i just start the 3 letters process again or is there a new form of 3 letters? ( think i remember reading this somewhere)

as ever any advice is gratefully received.

many thanks as always

If they fail to indicate that they want to proceed, then after 33 days the claim is Stayed (halted), they can apply at any point for the stay to be lifted and for proceedings to continue. There is no limit to the amount of time a claim can be Stayed at Court.

Have you sent either a CPR 18 (under £10k) or CPR31.14 request for over £10k claims? If you have make sure it's been sent to the Court and you ask for it to be placed on the Court File.

After that it's a waiting game.

Tiggy
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Re: Need Advice now GOODF has gone

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