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Category: Law
Satisfied Customers: 33633
Experience:  Barrister at Self Employed Barrister
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I issues a claim in CC Business Centre through MCOL.

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I issues a claim in CC Business Centre through MCOL. Judgement was issued 20 Dec as defendant did not respond.An application to set aside was submitted on 28 Dec and a bar was put in place on same day. It also says the claim was transferred to a court on 28 Dec.
Assistant: Where are you located? It matters because laws vary by location.
Customer: sorry sent message before completed. We are based in London. We have not received any documentation from court about any hearing but have had without prejudice meeting with Client to try to resolve. They have a solicitor who has now written to say that to permit these discussions to take place the proceedings will need to be stayed for ADR and that we need to write to court to confirm that we do not oppose his clients application to set aside judgement. This seems a bit odd to me if the claim is now transferred to a cost & has a bar in place.
Assistant: Has anything been filed or reported?
Customer: Not sure what you mean, everything has been done via MCOL.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no

It is not unusual for cases to be stayed for normally a month whilst negotiations are taking place on a without basis fashion. Both parties would write to the court seeking a stay of the proceedings (for one month) to allow for such negotiations. The fact that there is a bar on the enforcement of judgment would not preclude such negotiation. I hope that this answers your question and please rate positive.

Customer: replied 3 months ago.
If there is a bar on enforcement & there is consensus that any negotiations will be concluded in two weeks from now why would we need to write to the court especially as we have no hearing date yet. All this will do is delay things if we cannot reach agreement. The other party solicitor has asked me to send them a draft of out "stay" letter so they & their Client can agree it, just does not seem right to me.

I can not get to the phone at the moment for that service - but still happy to answer by email

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Customer: replied 3 months ago.
online ok

As long as the draft is merely to stay for a specific period of time then you should be fine.