Lifting a stay

[Pezza54]

Make sure your WS includes the "test of appropriateness" and the court case referred to. Also point how you will be affected (financially and mentally) if the claim goes ahead after 2/3 years of being stayed

[dinky201]

Just read my some letters, still got forms, letters, from years ago. I did send CPR 18 request to them years ago

[Pezza54]

Good. State that in your WS too

[dinky201]

Good. State that in your WS too

It was mentioned in my original defence too

[dinky201]

gonna put in the loss of time, sleep and stress this has caused, not spending as much freetime with family as i'm using it for their out of the blue action, to find advide etc...can't raise the the funds (backup fund incase i lose) that I could like I did 3 years, as short notice and my pay has decreased alot as employer keeps dropping my hours per week (to save themselves money) etc.. (truthaly and honestly only could pay them 1pound per month as I am bearly breaking even with costs going up).
Also the £200ish add on they trying to claim from me is unreasonable, as its their fault they did'nt respond to my defence or my request properlly, I did my bit.

[dinky201]

This is my template so far, will get more as i read all through the letters SARs I got etc...

• On or around xxx date I received from County Court Business Northampton centre, a claim form for xxxx amount
• on xxx date I sent my response to the court
• on xxx date I requested documents under CPR 31.14 to DCA solicitors, I requested copies of
  
  xxxxx documents
• on xx date I made a formal request for the CCA to DCA solicitors with £1 fee
• on around xxx date I received some documents with unenforceable CCA but not others.
• On around xxx date I sent CPR 18 for the documents, still never received the documents
• on around xxx date submitted defence
• on around xxx date got acknowledgement of defence
• on xx date (few years ago) got letter from court saying the claimant not responded and claim is now stayed.
• On very recent date received letter from solicitors to pay up plus their loss court fees from years ago (their fault they lost that money), or they lift stay
• on xxx date I asked them again for documents to prove their claim, even sent an SAR, still no document I requested.
• On xxx date receive lift claim
• The Claimant has not provided a valid justification for the years n years delay in filing an application notice to lift the stay. When determining whether to lift a stay, the Court must assess its appropriateness. In applying this test, Chief Master Marsh considered a case involving the Premier League in 2016/17.
• a. Whether the claimant had an adequate explanation for the delay,
  b. Whether the claimant's claim has (at least) a real prospect of success,
  c. The defendant's behaviour and whether any of the delay was caused by the defendant,
  d. The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted and
  e. Whether any attempts were made by the claimant in the 6 months to revive the claim.
• After the many many requests for documents it is my understanding the Claimant cant provide the documentation I stated in request.
• Put here my hardships I going through and how the lift and CCJ will affect me.

[Pezza54]

My advice is to number the points, not bullet points

"On xxxx date receive lift claim" should read something like On xxxxx date I received a copy of the application to lift the stay from the claimant

Have you now received a copy of the application from the court or the claimant?

You must include a Statement of Truth

[dinky201]

Nah not yet received, this is template preparing

[Pezza54]

Front page:
Claim nr
Claimant: name
Defendant : name
Witness Statement for the Defendant
I am xxxxxxx(name) the Defendant and the following is my Witness Statement opposing the Application Notice to lift the stay in proceedings

You should state in your WS that you considered the claim abandoned

[dinky201]

many thanks, i wouldnt known to state "claim abandoned"

[dinky201]

I can put the lack fairness that I have to spend time digging letters, forms etc....from years ago that I its putting stress and costing time, and may not have what I had years ago???

[Pezza54]

Back in 2022 you sent a letter to the claimant requesting missing documents after you received the claim. The claimant failed to send you these documents

You could state after you thought the claim had been abandoned in 2023, you destroyed the only correspondence you had kept about the credit card account

[dinky201]

thankyou, its taking a while digging through all those old letters and forms, I am worried I still dont have them all

[Pezza54]

I know what it must be like. There was an employee in my office when the manager asked him for a document, he spent half the day searching through piles of paper on his desk

[dinky201]

If the didn't ignore my defence, then there had all that folders at that time