DCA transfer and Court claim stayed from previous DCA does it happen ?

[charlie]

Hi there All,
I do hope everyone is well !
I have a question but have decided not to ask it in my diary as it is a general question really.....here goes :-

I was served a Court Claim back in 2014 by a DCA ( through my own stupidity as I buried my head in the sand after a period of quietness from DCA and didn't respond to new letters arriving when I knew I should of ) with the help of this great forum I entered a defence and the court claim was stayed.

The account is now SB but I believe that a stay can be lifted and a date set for court proceedings. As I understand it the original court stops the SB clock. I doubt the stay will be lifted as appropriate documentation has never been produced not even from OC. My question is....I have now heard from another DCA and they would like me to negotiate payments. Do the court papers from one DCA transfer to another. I believe I know the answer which might make me silly for asking, but I am very silly at times and I like to put that down to age :-)

I look forward to hearing your views ( not about me being silly though)

[nightwatch]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

I don't know the answer to this but hopefully someone will be along that does xxx

[MrsD]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

I believe you would have to apply to have the case struck out

but this is not my strong suite

Is it still showing on your credit record and when do you think it would be SB?

I'm inclined to think that since they don't have a CCJ it will be SB but you need to be very sure, if it's off your record, I would just let sleeping dogs doze on........................

are you trying to get more credit or a mortgage? or is it just annoying you?

[PlanB]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

I was served a Court Claim back in 2014 by a DCA . . . .

The account is now SB but I believe that a stay can be lifted and a date set for court proceedings. As I understand it the original court stops the SB clock. I doubt the stay will be lifted as appropriate documentation has never been produced not even from OC. My question is....I have now heard from another DCA and they would like me to negotiate payments. Do the court papers from one DCA transfer to another.

I'm guessing you are referring to your Arrow claim for an ex MBNA credit card where the solicitors were Wilkin Chapman. This was stayed in August 2014 after you filed an 'embarrassed Defence' asking them to prove their claim. They weren't able to do that so they let the claim become stayed.

Here's the link to your claim thread (not everyone can see since it's in the Secure Section) . http://forums.all-about-debt.co.uk/s...l=1#post426328

The account won't be SB unless it was SB before the claim was issued which is when the SB clock stops ticking (because a summons is a Cause of Action). You didn't plead SB in your Defence (according to your thread) so I assume it wasn't SB or Andrew would have included that when he was helping you at the time.

The next thing that would help is if you name names of who is now chasing you. Some people refer to a "DCA" in general terms when it may be a creditor or even a solicitor in disguise (in-house legals).

If the claim is stayed and Wilkin Chapman have not informed the court that they are no longer on record as acting for Arrow, then strictly speaking it's only Wilkin Chapman who should approach you (or maybe Arrow themselves).

However sometimes a debt gets sold/assigned during legal proceedings in which case they should make an application to the court (via solicitors possibly) to have them substituted as the Claimant on the claim.

So who is writing to you, and am I reacting to the right claim?

Plan B x

[charlie]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

Hi there Plan B,
yes I am referring to the said claim but I did not go into specific detail as I was asking the question in the general forum rather than my diary.
No it was not SB when I was served the papers otherwise Andrew would of advised accordingly.
My guess was that only Arrow/Wilkin Chapman could lift the stay ( or a subsidiary of) and if they did then I would be notified by them and the courts.

Mrs D, no I am not intending to apply for credit and they account falls off my credit file in December but, I am more than aware that the court papers stop the SB clock so assume that it will not be SB until 6 years from the date the court papers were filed unless I try for a stake out.

As it is an unrelated DCA I am going to ignore the contact for now as it is non aggressive etc. I will see what follows and maybe send a no CCA received letter etc and see where that takes me as I am thinking the more times it passes hands the less chance anyone has of picking up on the fact that it is stayed.

Plan B i really only asked the question as a hypothetical one which is why I asked it in the general forum.

Thank you all for your helpful the replies.

[julian]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

Ignoring completely DCA transfer.

WRT stays I read that the STAY was authorised to allow time to collect evidence, e.g. in an insurance claim where illness or loss is not yet apparent. The Debt Claims have hijacked the Stay which mainly comes into force by default e.g. when the claimant fails to respond after a Defence is returned. The computer says STAY. As the mechanism to remove the delinquent Stays does not appear to be automatic you need to check with the Court if it is Stayed or deleted, or just carry on breathing calmly.

As most County Courts delete/destroy inactive case documents after 2 years, only the original claimant or the defendant will have (possibly) any documents about the claim. To reactivate a stayed claim for debt after 2 years needs the Claim details and a good excuse for the delay in addition to the fee for the Application to lift the Stay. I don't think this happens often as it costs and would need a really good excuse to avoid a slap from the DJ..

Don't pass on any details of claim or reference it, as I doubt the new DCA has any knowledge of it and would not like to tempt fate.

[charlie]

Re: DCA transfer and Court claim stayed from previous DCA does it happen ?

Thank you for that Julian.... It makes a lot of sense. Much appreciated thanks again