Lifting a stay

[dinky201]

I gonna keep this simple

-got a pre action letter, filled in questionnaire, ask for documents (never received all for what is asked)

-got county court claim form for 1500pounds credit card

-defended claim, claimant didn't respond, claim is stayed

-only found out that a week ago claimant has applied to lift the stay and have a hearing. (I haven't received court letters on this yet)

Can I still do CPR 18 to request documents from DCA?

Much help is appreciated thankyou.

[Pezza54]

How long has the claim been stayed?

Did the court order staying proceedings give a time limit for the stay?

The claimant needs a good reason (and evidence) in their witness statement for the application to lift a stay

There was a similar thread to yours started by Beaglepup on 19 April 2023 "Court claim form received Cabot.........."

Beaglepup successfully defended the lifting of the stay with a detailed witness statement which was posted on the forum

If you still haven't received the documents you requested from the claimant, you should include the list of outstanding documents in your witness statement

[Pezza54]

To save a long search on all posts by date, the last post by Beaglepup on the thread was 21 February 2025

[dinky201]

Thankyou it was Stayed from 2022, don't know if limit on it

[Pezza54]

That long. You should follow the grounds for defending the lifting of the stay as provided in Beaglepup's witness statement

If you have received a copy of the application notice from the claimant, you should prepare your witness statement asap

[dinky201]

Okay than you, and CPR18 to get documents I've requested?

[Pezza54]

If you requested them when you received the claim and stated in your defence that the claimant hadn't supplied them, then my advice is to concentrate on your witness statement for the application hearing.
Wait to see if the court agrees with you, that the claimant has left it far too long to lift the stay before requesting documents again

[dinky201]

You be really helpful thankyou, will give that post a good read tonight

[dinky201]

reading through that post, taking notes

Just a quick question as I have before struckout a claim doing a cpr18 before it gets it get to small claims track....
When they apply for it to be lifted will it go to straight to a small claims when I do whitness statement??


It,s only by pure luck I found out they're applying for a lifted stay last week, heard nothing from the court or the debt collector solicitor on this yet.

[Pezza54]

My advice is to phone the court and ask what the latest position is
If the claimant has filed an application notice they should have served you with a copy.
Don't wait for the court to contact you
You're preparing a witness statement attempting to prevent the stay being lifted

[dinky201]

Tried phoning court Friday,will do again. I DM the reason I got this knowledge.
Instages of preparation (i do see Beegle pup has unenforceable agreement).
When I did CCA they gave it very late and CPR 31.** They didn't give me all what ask for and what they gave was late.
So just needed to know if I get this hearing and/or fail to stop the lift, that I can still apply court order.

[Pezza54]

You may have to hang on the phone to the court for 40 mins or so. Early in the morning is best
In the unlikely event the stay is lifted, the court will provisionally allocate the claim to a track and send you the Directions Questionnaire (N180)
After the claim is allocated to a track and a county court for the hearing, you can think carefully about your next step in the process

[dinky201]

You may have to hang on the phone to the court for 40 mins or so. Early in the morning is best
In the unlikely event the stay is lifted, the court will provisionally allocate the claim to a track and send you the Directions Questionnaire (N180)
After the claim is allocated to a track and a county court for the hearing, you can think carefully about your next step in the process

Thankyou, you are a very helpfull person, i was on phone for (two half hours, then had to go work, great a?) I just know when its at a small claims it be very hard to get an order to see those documents. game of chess

[Pezza54]

Yes you are right. There is no disclosure of documents on the small claims track.
Only CPR 32.1 applies on this track. The court controls the evidence and may give directions on the issues on which evidence is required

[dinky201]

-I just emailed court, will call them monday morning too.
- I draft up whitness statement (will put the issues with documents in there too) and look in to if I can get that order to see documents if as you say "unlikely" get the case lifted