Hoist - Statute Barred after claim originally stayed

[cjpieman]

Hi, In 2015 Hoist Portfolio started County Court action against me.
I sent them all the requests for agreements / default notices and assigments etc using legal beagles templates etc.
Original debt was with santander and was defaulted in 2011.
The original case was stayed as Hoist couldnt provide the info requested.
Then they sent most of it...including a spurios note of assigment that they had prepared and a supposed copy of a letter from santander addressed to me stating debt had been sold (this looked something hoist had put together in the dark with a photo copy of santander logo.
I recently received instructions from my local court to complete a directions questionaire regarding the case. My response was that this debt is now statute barred (default was 2011). But I have been told today the case is now being put forward to a hearing.
My question is whether this debt is statute barred ? Hoists sols have written to me stating that they deny it is as their original ccj request was within the 6 years (2015). Is this correct or does the fact that it was stayed at the time mean the clock still runs its 6 years from default ???
If it isnt statute barred whats my best defence ??? The fact that they havent provided a proper Notice of assigment ?
Thanks

[Amethyst]

Unless the claim is struck out or discontinued then the clock is stopped on the date they issued the claim. So if it wasn't statute barred when the claim was issued it wouldn't go statute barred while the claim is alive.

You can though argue abuse of process ( 4 years of the claim being stayed without any documents being produced )

The notice of assignment will be accepted - the debt purchaser sends both as agent of the seller.

What have they asked for in their application ? Summary judgment ?

Is the agreement and default notice correct ?

[cjpieman]

Thanks for your response.
agreement and default notice are poor copies from original lender.
they are seeking summary judgement.

would you suggest attempting a settlement with them ?

[cjpieman]

Just to add more now ....
hoist portfolio holdings 2 Ltd assigned this debt to Hoist finance UK Holdings 2 Ltd in Oct 2018.
They spend an eternity explaining this in there explanation notice and requesting that the court accept this assignment in continuation of the original claim from 2015.

Does this change anything ? How is it usually seen by a court to assign a debt yet continue with the previous company’s money claim?

[cjpieman]

Bump

[Amethyst]

Yes it is likely the court will allow the change of claimant by assignment - have they applied to change the claimant?

If you are happy that the agreement is complete and correct, and the default notice is from the original lender and gives the required 14 days to bring the account out of breach, then yes you can attempt to settle.

Otherwise you should do a witness statement arguing against the stay lift and summary judgment application, mentioning that it is an abuse of process to have brought a claim 4 years ago and not provided any documents relating to the claim until now, when it would have been statute barred had they waited - bringing a claim isn't meant to serve as a place holder to avoid the consequences of the limitation act 1980 s.5.

It might help if you can post copies of the application and documents they have sent.

Who is the original lender? a Santander credit card?