You would also be in breach of the directions but if you and the claimant can agree an extension then you would not need to apply for relief from the court.
Assuming you have given the claimant 7 days to confirm they will discontinue, and they do not do so, you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.
You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. This fee is recoverable if your application succeeds.
You can specify a telephone hearing and you ask the judge for an order that the claim is stuck out as the claimant's statement of case is defective, thus invalid, and they have also breached the court directions.
If you want to do the application and send me a copy to check, I would be happy to do that. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds. The advocate's fee would also be recoverable from the other side if your application succeeds.
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