Very stressed over court claim Restons

[echat11]

Thanks echat11 how will the court know that I'm emailing Restons rather than just being late filing my defense?

You can email a copy to the Court if you want, you will have proof you emailed Restons, they shouldn't seek a Judgement against you until they provide the documentation and you've had the opportunity to lodge your Defence with the Court.

[castlerain]

Hello. So echat11 have me advice to file papers which I did, then in first week of May I got a letter back from the court saying that QUOTE "they acknowledge receipt of your defence. A copy is being served on the claimant (or claimant solicitors) The claimant may contact you directly to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After tbat period has elapsed, the claim Will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay."

That was the letter and I did not hear anything at all until yesterday from the solicitors saying, that QUOTE "our client is keen to avoid the continuation of litigation and is willing to agree on an affordable repayment plan. If this option is of interest fill out the financial statement and return to office no later until 25th August"

Please can somoen explain to me what is going on and what my options are, and how come they have left it until now. I also wasnt sure overall if the statue of limitation applied, but im still non the wiser. Could u give me some advice as I do worry. Thanks

[castlerain]

echat11 Hello. So echat11 have me advice to file papers which I did, then in first week of May I got a letter back from the court saying that QUOTE "they acknowledge receipt of your defence. A copy is being served on the claimant (or claimant solicitors) The claimant may contact you directly to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After tbat period has elapsed, the claim Will be stayed. the only action the claimant can then take will be to apply to a judge for an order lifting the stay."

That was the letter and I did not hear anything at all until yesterday from the solicitors saying, that QUOTE "our client is keen to avoid the continuation of litigation and is willing to agree on an affordable repayment plan. If this option is of interest fill out the financial statement and return to office no later until 25th August"

Please can somoen explain to me what is going on and what my options are, and how come they have left it until now. I also wasnt sure overall if the statue of limitation applied, but im still non the wiser. Could u give me some advice as I do worry. Thanks

[echat11]

a) Please can somoen explain to me what is going on and what my options are, and how come they have left it until now.

The claim was 'stayed', but it sounds like they want to proceed, if a payment arrangement isn't made.

b) I also wasnt sure overall if the statue of limitation applied, but im still non the wiser.

For example, if they Defaulted the account in January 2014, and for 6 years from that date, no payments had been made or no written communications had been sent acknowledging the debt, then it would be Statute Barred.

[castlerain]

echat11 thank you so much. I thought it was 7 years, i dint realise it was 6 years. There was no contact at through 6 years. It will be i think 7 years this month or next since payment i think, im not sure. Is it too late to say that to them. So will they lift the stay? What would u suggest? What about a full and final payment? Thanks

[echat11]

What documents have they sent you?

a) So will they lift the stay?

I don't know what evidence they have, so couldn't say.

b) What would u suggest?

To lift the 'stay' there maybe additional costs for them. But you need to answer (a).

c) What about a full and final payment?

You can make offers to settle the matter. You need to write 'Without Prejudice' on the offer letter.
You can write about your circumstances i.e. health concerns. Remember you will have the opportunity,
where you can make offer and explain your circumstances.

[castlerain]

Hi echat11 the solicitors basically sent me nothing apart from a letter before I put my defence in. The letter said this. QUOTE
"The Claim was issued via the County Court Business Centre which is a procedure specifically
provided for in the Civil Procedure Rules ("CPR"). This procedure only allows a Claimant to insert
brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A
of Practice Direction 7C specifically states The requirement in paragraph 7.3 of Practice Direction
16 for documents to be attached to the particulars of contract claims does not apply to claims
started using an online claim form, unless the particulars of claim are served separately in
accordance with paragraph 5.2 of this practice direction."

you would have been provided with a copy of the contract / Terms and Conditions at the time the
account was opened, please review your records. If you require a further copy, please request this
specifically by return.

Although your letter states that you require the requested documents in order to file a Defence /
Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order
for you to understand what the Claim relates to, namely:
a) the date the account was opened;
( the outstanding balance;
the account number;
c)
d) the name of the original creditor; and
D the act that the ccount as been issigned xO the claimant and when it was assigned.

Furthermore, throughout the lifetime of the account, various statutory Notices and collection-style
letters relating to the account would have been sent to you and as such, we believe you have been
provided with sufficient information to understand the basis of the Claim issued against you."

Thats all they put. The bank sent me a print out if statements and actullly, it says the last payment i made was in 2021. I had no idea, but it was actually to a differnt collections agency not the actual credit card. But I think I defaulted back in 2015/2016 but I have no memory of them sending a default notice, I just know that my card was cancelled, and I didnt really hear from anyone. Intrum sent me nothing apart from a statement last month. I also dont understand what they mean when they say, it was started online. What was?
could u give advice please. Thank you as always

[echat11]

a) I also dont understand what they mean when they say, it was started online. What was?

They mean the Credit Card account was applied for online.

b) Did you send a CPR 31.14 request? Yes

c) Did you send a CCA request? Yes

You can follow up on the CPR31.14 AND CCA request, you've asked once, you shouldn't have to ask again.

I would wait to see if they 'lift the stay'. They haven't provided the requested documents.

Update if they do.

[castlerain]

So echat11 what is the next step i should do as they have given me until 21st August to get back to them.
And if they do lift stay, what will happen as I am desperate not to get a CCJ.
And if they do lift it, will I be informed and will they then maybe accept a full and final as I do find this stressful.
Thank you

[echat11]

So echat11 what is the next step i should do as they have given me until 21st August to get back to them.
And if they do lift stay, what will happen as I am desperate not to get a CCJ.
And if they do lift it, will I be informed and will they then maybe accept a full and final as I do find this stressful.
Thank you

a) what is the next step i should do as they have given me until 21st August to get back to them.

Sit on your hands, wait to see if they are 'minded' to lift the stay.

b) And if they do lift stay, what will happen as I am desperate not to get a CCJ.

The claim will proceed, you will have the opportunity to resolve the matter through Mediation (this is outside of the Courts).
Read post 7.

c) And if they do lift it, will I be informed and will they then maybe accept a full and final as I do find this stressful.

Yes you will be informed by the Court. Yes, if they lift the stay you can still try to settle the matter.

When you think about it, a change of scenery or do something you enjoy i.e. count clouds etc.

[castlerain]

Hello, its been a while...I was hoping someone can help me again, echat11 you have been great, but here's what's happens since last August and hoping for some guidance on next steps and a bit of a summary...

The most important thing for me up front: avoiding a CCJ is my absolute red line. I'm a domestic abuse survivor finally putting my life back together after years of running and time in a refuge, and I genuinely cannot afford to have a CCJ against me. So I'm trying to work out the strategy that best protects me from ever ending up with one.

Background for those who haven't read full thread... (keeping it vague on purpose for identification):
- A debt purchaser issued a county court claim against me last year over an old credit card account that originated with a high street bank many years ago. The account was assigned to them and they're now the claimant.
- I filed a Defence in time, putting them to proof and stating I needed sight of the documents relating to the account before I could properly respond. I'm fairly sure I worded it "without prejudice".
- I sent a CPR 31.14 request asking for the credit agreement, the default notice and the notice of assignment.
- They never produced any of those documents. Their reply leaned on the "claim was issued online via the CCBC so we don't have to attach documents" line (PD 7C), said the Particulars gave me enough to understand the claim, and told me to ask specifically if I wanted the contract.
- The claim was then stayed (the court's standard notice says the claimant has 28 days after my Defence to tell the court they want to proceed, otherwise it's stayed). They didn't proceed in that window.
- After that I heard nothing concrete — just a settlement/payment-plan letter, a request for medical evidence (which I didn't provide), and an offer to settle for a reduced sum. Nothing since around November.

What's just landed:
- A General Directions Order (N24) saying the stay has been lifted. It was made on the claimant's application WITHOUT notice (ex-parte) — I had no say.
- The order says that because it was made without notice, I have the right to apply to set it aside / vary / stay it, and that the application must reach the court within 7 days of service of the order. The order date I'm working from is 28 May, but I'm not certain of the exact service date.
- I've also been sent a Notice of proposed allocation to the small claims track and a blank N180 Directions Questionnaire, with a deadline of 15 June to file the N180.
- The claimant's own application still did NOT include the credit agreement, the default notice or the notice of assignment. Their stated reason for the delay is that they "chose to let the claim be stayed to attempt settlement."

My questions:
1. Given a CCJ is my red line, what's the safest overall strategy here? I understand a mediated settlement avoids a CCJ (no judgment), and that them discontinuing avoids one too — but a contested hearing they win would result in a registered CCJ. Am I right?

2. Is it worth using the 7-day set-aside right to apply (N244) to set aside the lifting of the stay and/or strike out, on the basis they've never produced the agreement, default notice or assignment despite my request over a year ago? Or is that effort/fee better saved, and I just file the N180 and aim to resolve at mediation?

3. How do I work out the exact 7-day deadline from the service date — and has it likely passed if the order is dated 28th May?

4. Any wording tips for the N180 "not suitable for determination without a hearing" box and the track/witness sections?

5. As a domestic abuse survivor, can I will ask the court to keep my details confidential from the public and/or be referred to by initials (anonymity) for safety reasons — and how?

6. Anything I should be careful NOT to do at this stage (e.g. anything that could look like acknowledging the debt)?

I'm a vulnerable litigant in person and the CCJ risk is the thing keeping me up at night, so any steer on the strategy that most reliably keeps a CCJ off my record would mean a lot. Thank you so much. Thank you
echat11

[castlerain]

Hi again, it would be amazing if anyone could help before end of weekend. Thank you... sorry to ask again echat11

[echat11]

Hello, its been a while...I was hoping someone can help me again, echat11 you have been great, but here's what's happens since last August and hoping for some guidance on next steps and a bit of a summary...

The most important thing for me up front: avoiding a CCJ is my absolute red line. I'm a domestic abuse survivor finally putting my life back together after years of running and time in a refuge, and I genuinely cannot afford to have a CCJ against me. So I'm trying to work out the strategy that best protects me from ever ending up with one.

Background for those who haven't read full thread... (keeping it vague on purpose for identification):
- A debt purchaser issued a county court claim against me last year over an old credit card account that originated with a high street bank many years ago. The account was assigned to them and they're now the claimant.
- I filed a Defence in time, putting them to proof and stating I needed sight of the documents relating to the account before I could properly respond. I'm fairly sure I worded it "without prejudice".
- I sent a CPR 31.14 request asking for the credit agreement, the default notice and the notice of assignment.
- They never produced any of those documents. Their reply leaned on the "claim was issued online via the CCBC so we don't have to attach documents" line (PD 7C), said the Particulars gave me enough to understand the claim, and told me to ask specifically if I wanted the contract.
- The claim was then stayed (the court's standard notice says the claimant has 28 days after my Defence to tell the court they want to proceed, otherwise it's stayed). They didn't proceed in that window.
- After that I heard nothing concrete — just a settlement/payment-plan letter, a request for medical evidence (which I didn't provide), and an offer to settle for a reduced sum. Nothing since around November.

What's just landed:
- A General Directions Order (N24) saying the stay has been lifted. It was made on the claimant's application WITHOUT notice (ex-parte) — I had no say.
- The order says that because it was made without notice, I have the right to apply to set it aside / vary / stay it, and that the application must reach the court within 7 days of service of the order. The order date I'm working from is 28 May, but I'm not certain of the exact service date.
- I've also been sent a Notice of proposed allocation to the small claims track and a blank N180 Directions Questionnaire, with a deadline of 15 June to file the N180.
- The claimant's own application still did NOT include the credit agreement, the default notice or the notice of assignment. Their stated reason for the delay is that they "chose to let the claim be stayed to attempt settlement."

My questions:
1. Given a CCJ is my red line, what's the safest overall strategy here? I understand a mediated settlement avoids a CCJ (no judgment), and that them discontinuing avoids one too — but a contested hearing they win would result in a registered CCJ. Am I right?

2. Is it worth using the 7-day set-aside right to apply (N244) to set aside the lifting of the stay and/or strike out, on the basis they've never produced the agreement, default notice or assignment despite my request over a year ago? Or is that effort/fee better saved, and I just file the N180 and aim to resolve at mediation?

3. How do I work out the exact 7-day deadline from the service date — and has it likely passed if the order is dated 28th May?

4. Any wording tips for the N180 "not suitable for determination without a hearing" box and the track/witness sections?

5. As a domestic abuse survivor, can I will ask the court to keep my details confidential from the public and/or be referred to by initials (anonymity) for safety reasons — and how?

6. Anything I should be careful NOT to do at this stage (e.g. anything that could look like acknowledging the debt)?

I'm a vulnerable litigant in person and the CCJ risk is the thing keeping me up at night, so any steer on the strategy that most reliably keeps a CCJ off my record would mean a lot. Thank you so much. Thank you
echat11

1. Given a CCJ is my red line, what's the safest overall strategy here? I understand a mediated settlement avoids a CCJ (no judgment), and that them discontinuing avoids one too — but a contested hearing they win would result in a registered CCJ. Am I right?

What the lifting of the stay does, is that the case carry's on, exchange Direction Questionnaires, Mediation, Witness Statement and Hearing. You only get a CCJ, if you ignore a Court Judgement, you are a long way off that.

2. Is it worth using the 7-day set-aside right to apply (N244) to set aside the lifting of the stay and/or strike out, on the basis they've never produced the agreement, default notice or assignment despite my request over a year ago? Or is that effort/fee better saved, and I just file the N180 and aim to resolve at mediation?

I think so, it's taken them over a year to 'lift the stay', they will need a good reason why they haven't acted sooner. In saying that they might use their 'trying to settle the matter', your response to that is, 'you have been waiting for them to provide the requested documents'. Here written evidence / chronology is important (see if you can make your case with the evidence at hand). You get to provide reasons why the 'lifting' shouldn't be granted, e.g. health etc. There is a fee involved. See thread below.

There is case law that might help you here - https://legalbeagles.info/forums/for...cj-issue/page5

3. How do I work out the exact 7-day deadline from the service date — and has it likely passed if the order is dated 28th May?

It should be 7 days from the Order date.

4. Any wording tips for the N180 "not suitable for determination without a hearing" box and the track/witness sections?

You want a Hearing in person. It's important that you are able to put across your testimony to aid the understanding
of the documented evidence that you have provided.

5. As a domestic abuse survivor, can I will ask the court to keep my details confidential from the public and/or be referred to by initials (anonymity) for safety reasons — and how?

You can request an Anonymity Order or Non-Disclosure of Address. This prevents your abuser from knowing where you live and keeps your details off public court records.

6. Anything I should be careful NOT to do at this stage (e.g. anything that could look like acknowledging the debt)?

Wouldn't that have been in your defence?

Update the thread on what you plan to do.

[castlerain]

Thanknyou so much echat11 this is super helpful. I am going to take your advice and file a N244 and see what happens. I will fill it out tomorrow and send it to the court and to solicitors...is it the usual court I send it to? Also, where do I see the court fees....and they did a hearing without notice is that usual? Thanks so much. Just so I can mentally prepare myself how long does this take? In the sense when am I likely to hear from them and what is the time line of next stages as I find this all stressful. Thanks

[echat11]

Thanknyou so much echat11 this is super helpful. I am going to take your advice and file a N244 and see what happens. I will fill it out tomorrow and send it to the court and to solicitors...is it the usual court I send it to? Also, where do I see the court fees....and they did a hearing without notice is that usual? Thanks so much. Just so I can mentally prepare myself how long does this take? In the sense when am I likely to hear from them and what is the time line of next stages as I find this all stressful. Thanks

a) I am going to take your advice and file a N244 and see what happens.

You need to write out a Witness Statement / Evidence. Once completed post it on the thread without personal details.
There will be other examples on this site do a search.

https://legalbeagles.info/forums/for...p-please/page3

b) I will fill it out tomorrow and send it to the court and to solicitors...is it the usual court I send it to?

Yes, it has been allocated yet, their will be details in the Court letter you received. You could email it to the Court and post it to the solicitors.

c) Also, where do I see the court fees....and they did a hearing without notice is that usual?

https://www.gov.uk/government/public...ull-list-ex50a

Yes, not unusual.

d) Just so I can mentally prepare myself how long does this take?

I couldn't say, depends on the Courts. I think we are talking weeks.

e) In the sense when am I likely to hear from them and what is the time line of next stages as I find this all stressful.

Answered in D.