Court Claim Received - Please Help

[Teddy C]

Re: Court Claim Received - Please Help

Good morning everyone.

Just wanted to post an update with my case and ask peoples advice on the best course of action.

On 15th January I received a response from Arrow Global with a copy of my agreement. They also confirmed balance due etc and to only contact Drydens Fairfax about the matter.

I have still not received anything from Drydens or the court.

This morning I called the court and was told the case had been stayed and they are waiting for a response from the solicitor. They told me I could either sit and wait, call Drydens and ask what they intend to do as they may want to discontinue the case or I could pay £50 and apply for the case to be struck out.

I obviously like the idea of paying £50 for the case to be struck out but would that just be a waste of £50? Would that spur Drydens on to get the information together. Even if the case is struck out I presume they could just apply to court again?

My aim is one way or another to get the matter resolved without a CCJ but last time I called Drydens and ask for a discounted payment plan they just said the case was now with court so it was too late.

Any advice would be appreciated!

Thanks

[FlamingParrot]

Re: Court Claim Received - Please Help

On 15th January I received a response from Arrow Global with a copy of my agreement. They also confirmed balance due etc and to only contact Drydens Fairfax about the matter.

What did you receive? Was it a properly executed agreement with all the prescribed terms?

I have still not received anything from Drydens or the court.

This morning I called the court and was told the case had been stayed and they are waiting for a response from the solicitor. They told me I could either sit and wait, call Drydens and ask what they intend to do as they may want to discontinue the case or I could pay £50 and apply for the case to be struck out.

I obviously like the idea of paying £50 for the case to be struck out but would that just be a waste of £50? Would that spur Drydens on to get the information together.

I'd be inclined to go for the strike out. If Drydens haven't been able to find the documents, they won't be able to wave a magic wand and make them appear just because you apply for a strike out. You don't really want this hanging over you.

Even if the case is struck out I presume they could just apply to court again?

It would be abuse of process to issue another claim unless they had some new evidence, which isn't very likely.