stayed claims

[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.

[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

[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.

[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?

[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

[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.

[fredbare]

Re: stayed claims

hi everyone

Thank you for your replies. Im sorry I havnt got back to you iv been away visiting family and had limited access to internet. I will check all paperwork and post details of the claims. I have still not heard anything from them.

Thanks again

[fredbare]

Re: stayed claims

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

The claims were stayed after I filed defence. I will post more details later.

Thank you

[transformer999]

Re: stayed claims

Hi fredbare...any chance of posting up your defence minus any personal details please? I have posted a copy of my defence against HSBC...and like yours mine is also been stayed....since Dec 2010. That is nearly a year and a half ago.

[fredbare]

Re: stayed claims

Hi Transformer

Below is the defence I made for one of the claims. It is short so not worth scanning in.

I xxx am the defendant in this case and make the following statement as my defence to the claim made by xxxx.

It is denied that the defendant signed or received the agreement mentioned in the particulars of claim. The agreement number and date do not correspond.

The claimant has not acknowledged or responded to a cpr 31.14 request received by them on xxx which requested copies of the documents mentioned in their particular of claim.

The default notice did not allow the required 14 clear days and charges were included in the balance.

Without the documents requested the defendant cannot admit or deny that a compliant agreement was signed and reserve the right to amend this defence when my request for documents is complied with.

I am still waiting for the documents.

Both claims were stayed early 2011



The other defence is longer and will need to be scanned.

[fredbare]

Re: stayed claims

Hello evryone

I logged in to MCOL and my stayed claim has disappeared, I wondered if this was normal procedure after a claim has been stayed for any length of time, its been over 3 years.

Thank you in advance

Regards Fredbare

[Never-In-Doubt]

Re: stayed claims

Hello evryone

I logged in to MCOL and my stayed claim has disappeared, I wondered if this was normal procedure after a claim has been stayed for any length of time, its been over 3 years.

Thank you in advance

Regards Fredbare

probably been discontinued mate.

[fredbare]

Re: stayed claims

Thank you Niddy

Have looked at the user guide on the money claim online website, it states all data will be deleted 3 years after the last action on a claim, I will phone the Court and find out the status of the claim, will let you know what they say.

Thanks again

Fredbare

[Undercover Elsa]

Re: stayed claims

What did they say??

[marypoppins]

Re: stayed claims

I'd be very interested to know too!