stayed claims

[transformer999]

Re: stayed claims

Thanks CC & Shep...last year I received a letter below from DG saying that they would apply to lift the stay if I did not start payments...they have written to me twice asking me to sign a consent form. I should not have rang them and talked confirming I would start paying...I think I just started to panic as I was just starting divorce proceedings and going through repo proceedings....

Since that letter I recieved one not that long ago again asking me to sign their consent form...of course I did not and refererd them to my divorce solicitors if they needed to talk about anything. No word yet so from them...so will still sit tight for now.

[Undercover Elsa]

Re: stayed claims

LOL exactly Clever Clogs.
Their ridiculous request tells you all you need to know about the likelihood of them lifting the stay, I reckon

[CleverClogs (RIP)]

Re: stayed claims

I have a case stayed with HSBC since Dec 2010 although I received two letters from them asking me to consent to a CCJ against me voluntarily and pay what they believe I owe.

Have you stopped laughing at that preposterous suggestion?

[transformer999]

Re: stayed claims

I have a case stayed with HSBC since Dec 2010 although I received two letters from them asking me to consent to a CCJ against me voluntarily and pay what they believe I owe...I have not heard anything. But hopefully will know what to do if and when they apply for a stay but until then I am letting sleeping dogs lie as PlanB has suggested.

[PlanB]

Re: stayed claims

Hello

This is my first post here although I joined a while ago, I have been slowly finding my way around the site and reading threads similar to my own.

I have 2 claims stayed at court for over a year and wondered if anyone could advise me. I have been helped with these on another site but after reading other threads there I noticed there is different advice given on the best way forward. The last advice I was given was to leave well alone.

I hope I have put this in the right place. Thank you.

I'm no lawyer but the longer a case is stayed the harder it is for the claimant to get it back into court. You've already passed the first year anniversary which should help even though I don't think there is any specific time limit or sell-by date for doing this. I believe the claimant has to apply to the court to get the stay lifted before they can do anything else and this may be an opportunity for you to put your case forward at the same time (e.g. a strike-out may be an option). Let sleeping dogs lie could well have been good advice at the time.

Can you say exactly why each one of these claims was stayed so someone can give you a fuller response. Did you reach an agreement with the claimant to make payments, because creditors normally try to get you to agree to a consent order if you do that so they've got something formal on the court file which they can use for enforcement purposes if you default.

It would also help if you would say at what point in the proceedings the stay(s) happened. Had you filed your defence in each case and then the claimant had second thoughts when they read it

Even if everything has gone quiet for now you still need to know what your next move should be in case the claimant decides to resurrect these cases. You need to establish whether you would have any grounds to get the claim struck out if that happens, or whether you have a strong enough legal argument/defence to pressure them to agree to 'discontinue'.

Tell us more and we'll tell you more

[fredbare]

Hello

This is my first post here although I joined a while ago, I have been slowly finding my way around the site and reading threads similar to my own.

I have 2 claims stayed at court for over a year and wondered if anyone could advise me. I have been helped with these on another site but after reading other threads there I noticed there is different advice given on the best way forward. The last advice I was given was to leave well alone.

I hope I have put this in the right place. Thank you.