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Is it true that a stay of proceedings requested by either party can only be considered at the same time as submitting a completed directions questionnaire? (Part 26.4.1). If not then when would it be appropriate to consider such a request?
So are you saying that a stay can be considered before a Claim Form has been submitted for instance so before the other side receives a Particulars of Claim so for instance once they receive a Letter of Claim? You answer suggests that you are. If so then that is the only answer I require.
I await your reply as that will be the answer. Thank you
I see. No
In that case you just don't issue it
Once proceedings have been issued then a claim can be stayed
But there is no point staying a claim before it is issued - you just wont issue it
Does that clarify?\
Actually I think it does. So you are saying that until a Claim Form is issued a case cannot be stayed because it would be pointless. Is that right. It is not a rule but simply common sense.
So it is as I thought a stay is only applicable to claims where a Claim Form has been served and not simply a Letter of Claim is pre action
Only a claim which has been issued can be stayed
If you have not issued a claim then you dont need to issue a claim until there is no resolution
Does that help?
Yes that is what I wanted to confirm. Thank you.
Can I help with anything else today?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
FYI only the additional information is meaningless in relation to my question. I confirmed this simple question was answered at 6.42pm on 6th. The reason I have been slow to rate this is because I am subscribed but this is showing I am to be charged extra for the answer. Despite asking JA for clarification a couple of weeks ago - I have received no answer. Not your fault of course.