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25th March 2015, 13:49:PM #1
Moon Beever and Stayed case
I'm hoping that someone might be able to give me some advice on this.
In April 2013 a County Court Claim was issued against me by CAI Finance Limited using the solicitors Moon Beever. There had been quite a lot of correspondence going back and forth and the claim had been assigned to different collectors over the years.
When I received the claim I lodged a defence which was acknowledged by the Court on 22nd May 2013, saying that the claimant had 28 days to respond, after which time the claim will be stayed and they would have to apply to a judge for an order lifting the stay.
My defence is still the last thing logged on the case. I checked it today via the Moneyclaim website.
Then on 11th June 2013 I receive a notice of assignment to 1st Credit (Finance) Limited.
All went quiet then until 6th March 2014 when I receive a letter from Moon Beever claiming that the court only sent them my defence on 2nd December 2013. They resent copies of assignments and the original loan agreement, stated that this was enough to prove the debt and gave me until 20th March 2014 to respond or they would apply to the Court for summary judgement.
I wrote back 19th March 2014 by recorded delivery stating that they had not responded to the court, that the case was stayed and that they had still failed to provide a full statement of the account.
All goes quit again for another 12 months, then on 19th March 2015 Moon Beever again write to me, sending all the paperwork again and this time actually enclosing a full statement of the account.
They say they are in the process of making an application to the Court to substitute the claimant and giving me until 3rd April (Good Friday) to respond or they will be making an application to the Court for summary judgement.
So, can they substitute the claimant, is an application by them to have the stay lifted likely to succeed considering its now nearly 2 years since I filed my defence and they have done nothing.
Or are they just trying it on again because they should have responded earlier. This is the first time that they have been able to produce a full statement of the account.
I have never acknowledged any date to any of them and the last payment made against the debt was on 30th December 2009.
Any advice on what you think I should do next would be greatly appreciated.
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