my name is ***** ***** I will help you with this.
What is the value of the claim please?
Just to be clear, when did you file the Directions Questionnaire and that it has now been listed ?
Is the claim number the same?
The claim numbers are the same as the one from 2011 The directions questionnaire was sent to me July 2014
Ok. Have you asked the Court why the case was allowed to continue?
No, I don't no how to
Let me get this right. The claim was started in 2011, you filed a defence but then heard nothing until 2014?
That's absolutely right, when I ask the claimant why they had done nothing 3 years I was told that the courts had lost the papers! But as I said that they did nothing since 2011
Ok. You need to make an urgent application to stay proceedings. You need to use form N244
This is because the Court should NOT have started the proceedings back again
You filed a defence.
Then usually within a few weeks the DQ's are sent out
The Court can not be reasonably expected to try this matter given that it was 3 years before they did anything
As you say you have an Art 6 argument.
But apply to STAY proceedings
If this is refused then you can appeal to a Higher level Judge
But you need to stay first of all
Can I clarify anything about this today please?
Can you advise what I should say on this form
It was 2011 you filed the defence then you got the DQ in 2014
It would be unfair to allow proceedings to go and you would suffer prejudice
You cant be expected to defend an action after 3 years of nothing
Can I clarify anything else ?
OK thanks help, let hope that works, but if I need to apply to a higher level judge is the another form I need to file
That would only be on appeal and that is automatic
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OK thanks help, you have been excelent
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