Stayed claim now being lifted 3 years later - Summary Judgement?

[Chauffeurdude]

Hi there. Apologies for first post being a cry for help but this could be very bad news!! Just received notice of a court hearing in respect of this problem. Briefly centres around an ongoing battle with a well known DCA over previous Lloyds issues. They issued a claim through Northampton in 2010. I responded defending the claim and issuing CPR requests etc. They didn't respond/pursue in time and the claim was stayed. Had a couple of letters stating they now had the information early this year and now this application to lift the stay and go for summary judgement. I have been told summary judgements are rare. What are their chances of obtaining one? How are they allowed to just leave the case for 3+ years and then just conveniently come back with the information? Abuse of process surely? I am not sure where to go from here. I have had credit problems in the past mainly due to a now ex partner. Having battled to pay things off and keep my nose clean I now face a CCJ for a not inconsiderable sum!! I haven't had chance to read all the documentation they have sent yet but will be looking at it tonight. They would appear to be trying to claim interest for the time the case has been stayed which adds several thousand pounds!! I will check it out fully and try to post more information later but any advice on how to tackle this problem would be very much appreciated. With only 2 weeks to the court date this is going to be a struggle!! Thank you in advance!

[ironman]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

After being stayed for three years i would think the judge will have something to say on this. If i was in his shoes i would think it unreasonable to reseurect after all this time and deny the application to lift the stay.

But the judge has the ultimate say on this, and in general they are fair in their decisions most of the time. He will have to decide if it is in the interest of justice to lift the stay.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Have they actually supplied you with the information?

We can do a witness statement in advance of the hearing stating your case , as well as the normal defence issues (which we can try go through once we have a bit more information) and also include that they should not be entitled to claim interest for that period that THEY were in default at the very least.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Thank you for the responses. They have supplied some information now. I have got copies of their statement to the court. I am in the process of familiarising myself with all the information again as this has been going on for a long time. I will post up as much relevant information as I can later tonight. I don't deny I owe some money but the figure now being claimed is ridiculous!! Part of the problem is that the DCA are such nasty people to deal with that I gave up trying to negotiate a settlement! Before this court shenanigans started in 2010 I had been sent discount letters offering up to 60% off the debt on numerous occasions. I am sure I still have them but I have filed them safely somewhere!! Just hope I can remember where!!! I will come back to you as soon as possible.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

I have found all the relevant paperwork now at last. Took longer than I thought and have been busier workwise so that didn't help. I will go through it all tonight. Interestingly there is PPI on the loan agreement! This may be reclaimable as they knew I was self employed at the time and had been for 10 years previously! Hearing is only 10 days away now. Not had the paperwork long from them, only arrived a few days ago. From what I can glean it would appear my witness statement has to be in 7 days before so not good! They are applying for judgement under CPR 24. Do I go to the hearing? Can I say anything to mitigate at the hearing? Do I need a solicitor? Is it worth a last ditch attempt at negotiation with these clowns? I do have some money available for a sensible settlement. Apologies for seemingly obvious questions but I really don't know how best to deal with this problem. I really don't need to end up with a big CCJ against me now I have finally got somewhere near straight!! Many thanks for your help.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

The PPI figure is over £1000 on a £5000 loan. Any idea what that is worth in terms of reclaim? Thank you.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Back again! Having studied the paperwork they do seem to have copies of agreements, obviously photocopies. I am struggling to see a way forward with this now. Are they likely to attend bearing in mind they are down south? Not versed with any of these procedures to be fair so unsure of next step! To add to the problems my daughter has just had a hospital appointment come through for the same day at a clashing time!! It is a very important appointment for her and I had promised to go with her but if I don't attend then presumably they will just get the verdict anyway? Thanks again.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Hiya, Sorry Chauffeur I was out yesterday having a read of your last few posts now xx

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

If you can possibly photograph or scan the documents you have received that would really help. Definitely get the agreements scanned in.

PPI we need to look at - depends when it was taken out , who the underwriters were etc but if its definate miselling then it should get you back that £1k plus at least 8% simple interest PA since it was paid.

We can defend that part.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

How much is the claim for? approx .

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Oh and they can bog off with Summary Judgment too,

Grounds for summary judgment

24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

(a) it considers that –

(i) that claimant has no real prospect of succeeding on the claim or issue; or

(ii) that defendant has no real prospect of successfully defending the claim or issue; and

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

Let me know how much it is for.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Thank you for the quick reply. The amount they are trying to get summary judgement for is now over £20k!! The original figure was around the £13k mark. This has been ongoing for some years obviously. My biggest mistake was making the effort to pay something back in 2007. Therefore no chance of becoming statute barred!! I am not good with scanning stuff but will see what I can do. Originally when they sent court summons they obviously didn't have these copies of agreement. They had previously been offering settlements with 60% discounts but I had not got the money at the time!! While claim has been stayed they have obtained the documents. Seems mad that they are allowed to just 'park' the claim until they have the evidence!!

Original advice from another well known forum (2010 when claim received) was to defend in full which I did. However once I had done that various characters said my defence was not really good enough!! Obviously when claim stayed that was not a problem. They must think they have a good chance or they wouldn't have gone for summary judgement?

Thank you again.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Loan with Lloyds in 2002 to value of £5000. Have paperwork (courtesy of DCA) showing PPI of approx. £1200 (5 year loan agreement) since defaulted obviously. Rest of balance made up of unauthorised overdraft £8k. I did have an overdraft facility at one stage (then withdrawn) but no signed paperwork in respect of this debt. However I believe it is different in respect of overdraft agreements. Many thanks.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Okay - could you post up the defence you originally had?
(or link to your old thread on other forum)

We're going to need to work on a Witness Statement to get over to court tomorrow.

[Celestine]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Quite urgent we see those agreements too......