Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Thanks for the obvious advice! I was wondering if anyone actually knew what it meant.

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Also if it has been stayed does this mean I can get it removed from my credit file?

[Amethyst]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Also if it has been stayed does this mean I can get it removed from my credit file?

Nope.

If it has been stayed ( and yes call the court to ask them the current status of it ) then it will stay in the system and one day in the future they may or may not pick it back up.

You can though apply to the court to ask them to strike the case out once it has been stayed for a couple weeks.

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

And once it has been struck out I can then get ot removed from my credit file? I'll be calling the court on Tuesday.

[Amethyst]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Nope, sorry. Only if it is deemed irredeemably unenforceable, or of course if you prove it was never your debt, should it be removed from your file.

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

So if they can't enforce the CCJ as they have no proof its mine is that not reason enough to prove that it's not my debt? Sorry for all the questions. I do appreciate all this advice.

[nemesis45]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Amethyst is correct unenforceable does not mean an underlying debt does not exist, so it will remain on credit files until the default
" expires".

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Thankyou Nemesis and that would be the original default date am I correct?

[nemesis45]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Yes indeed, there can only one default date for a debt.
The original default date ( not the date of a default notice) cannot be changed by any subsequent owner of a debt.


nem

[nemesis45]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Yes the original default date cannot be changed by any subsequent owner of a debt.

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

I spoke to the court and it has been stayed. Is that it then?

[Amethyst]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

That usually means the claimant hasn't responded to the court following receipt of your defence. They can come back and continue with the claim, but they will need to apply to the court to lift the stay. Often it is wise to apply to strike out the claim save it hanging over your head for months. You can write to the court asking for this although unless the claimant hasn't complied with a specific order they will ask you to submit a formal application. Making an application can gee up the claimant and swing things back into action, could get them to withdraw, and keeping quiet can leave it on the back burner for good, or it could pop back up in a years time once they have the documents (if they exist).

Hmm that doesn't sound very helpful, but basically there's no right answer, personally I'd prefer to get it dealt with and sorted or struck out asap. I'd still give it a week or so in case the claimant is just a little behind though as the application will cost you £50 app fee and you want to be able to claim that back off the claimant so need to be reasonable.

[Dangerous2008]

Re: Court Claim - Capquest Investments 2014 / Orange - 10-10-2014

Ok well thanks for all the advice it's been a great help. The lady at the court said I could get it struck off but it would cost me £150 to do? I haven't spoken to the claimant about this other than via the court action and this year its due to be statute barred. Does the court claim mean that has knocked it back to the beginning of the 6 year no contact process?