County Court claim legalseagulls

[Kati]

this has been stayed since 2015?? WOW!!

Maybe it's time to ask for the claim to be struck out?!? nemesis45 Amethyst ??

[Amethyst]

Gosh, okay, the clock stopped when they issued a claim, and it wouldn't be statute barred unless they withdrew/discontinued the claim. You've been at risk of a default judgment for the last 3 years so seems quite lucky you haven't a judgment as they haven't registered that you defended the case - you entered a defence on paper

I sent the defence yesterday (re-post *30) had mail back saying mail received .

and they haven't updated the MCOL record ?

[glendale]

Iirc i sent defence by e-mail - latest cra showing as - don't really know what to do best now .

Thanks for your help .

[Amethyst]

Well it should fall off your credit file in April 2018, so that's good news. I'd keep quiet tbh and see if you hear anything from anyone.

What email did you send your defence to ? ( ccbcdefendants I think it was for the court back in 2015 )

[glendale]

Think it was " ccbcdefendants " i seem to remember getting an e-mail back confirming receipt ,i understand it will drop of credit file soon but will it still be enforceable ?

Thanks

[glendale]

Ahh ! Found it --

From: CCBC Defendants
Date: 16/03/2015 20:10:31
To: **********
Subject: AUTO REPLY DO NOT RESPOND - CCBC Defendants

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. 1: I received the claim No *****from the Northampton County Court] on the 12^th Feb 2015.
   
   2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
   
   3: This claim is for a Credit Card agrrement regulated under the Consumer Credit Act 1974.
   itted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original reditor /Claimant] for provision of credit.
   
   4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
   
   [5. The particulars of claim fail to state when the agreement was entered into.]
   
   6. The Claimants statement of case states that the account was assigned from Santander to Hoist Portfolio Holdings 2 Limited -The Defendant does not recall receiving notice of this assignment.
   
   7. It is denied that Santander served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
   
   8: On the 27thFebruary 2015I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Carter and Co I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
   
   9. Howard Carter and Cohas not sent any of these documents to me.
   
   10. On the 27thFebruary 2015 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
   
   11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
   
   [12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
   
   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
   
   14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
   
   15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
   
   16. It is denied that the Claimant is entitled to the relief as claimed or at all.
   
   Statement of Truth
   
   The Defendant believes that the facts stated in this Defence are true.
   
   
   
   Signed ……*********
   
   Dated ...16^th March 2015.............................................. . ....

[glendale]

This is what i sent ---------------

[Amethyst]

Unable to open the document, can you just copy paste pls

It will be on hold now with the court, and the claimant will have to ask the court to lift the stay if they decide they want to proceed. My only concern would be if they are able to enter a judgment by default because the Defence isn't noted on MCOL. You'd be able to get it set aside if they did as it is the courts cock up, but as you know about it, I might be inclined to give the court a call and get them to update the MCOL record ( and check with them that the case is stayed ). However, by doing something it could send a notification to the claimant that a defence has been entered and get them relooking at your case..... soooooo, there isn't a right answer really what to do. My instinct is just to keep quiet - what'#s nudged you into looking at it today ? any contact from the claimant ?

[glendale]

Done -- Reason i have noticed was i was checking my Cra history - if it's removed from the court does the SB clock start again ?
Never heard anything from claimant and never did receive any paperwork from either party .
Thanks.

[Amethyst]

In that case I'd just keep quiet for now .... it will fall off your file in April - then if the claimant do try coming back you can defend (or settle) at that point but I wouldn't nudge them into action at all. I think I'd probably try and get some money aside somewhere so that if this did pop up in the future you could have the option to settle at a discount to prevent a CCJ IF it looked like your defence fell away ( eg they supply all documents etc ), but as it's been 3 years, I think that's unlikely. If they did discontinue, or you got the claim struck out, then the time would pick up from where it stopped when they issue the claim - so at very least I'd try keep it held until after you'd definately be statute barred - so a couple months AFTER April before looking at doing anything - and then only IF you never made any further payments/acknowledgment after it defaulted.

[glendale]

Thank you AMETHYST your'e a star .
I have never acknowledged the debt or made any payments after the default date.
The worrying thing is that it can't be SB while this case is on hold ,will leave well alone for now and will update this thread if i hear anything .

Thanks .

[glendale]

Well 3 month on and still heard nothing .

[glendale]

Just logged on to my Money claim online acc and all it shows is this (no mention of previous case ) have heard nothing from them though - any ideas ? thanks .

[jaguarsuk]

Just logged on to my Money claim online acc and all it shows is this (no mention of previous case ) have heard nothing from them though - any ideas ? thanks .

Give the court a call and ask them the status of the claim as that's very strange.

[glendale]

Well you learn something every day - spoke to them and it seems that the details are removed after 2 yrs of inactivity but the acc is still classed as "stayed ".

Explained my defense wasn't originally showing and he said they sometimes get lost in the system and to keep the e-mail i had at the time concerning it .Hopefully it may just all go away soon .