County Court claim legalseagulls

[glendale]

Still nothing -tempted to get in touch and have my defense added (debt if stay removed would be SB)or may be better to let sleeping dogs lie- what do you think ?

Thanks

[Amethyst]

Sleeping dogs would probs be my vote...... or you could write and tell them to discontinue or you will make an application to lift the stay and strike out on grounds that they haven't provided any documents or responded to defence since what, March 2015 ? The debt would now be statute barred if there wasn't a court claim so you could argue it was an abuse of process.... doing this COULD just nudge them into finding the documents and proceeding with the case... or they might just back off.

How certain are we on the debt being SB now if there was no court claim in place?

[jaguarsuk]

Still nothing -tempted to get in touch and have my defense added (debt if stay removed would be SB)or may be better to let sleeping dogs lie- what do you think ?

Thanks

It will not be statute barred as the clock stops on the date the claim is filed, so removing the stay would not change this.

The only reason to request removal of the stay would be in conjunction with an application to have the claim dismissed. The Claimant may be overlooking this and any moves by you might just awaken their interest in finding those documents.

[glendale]

Just want it out of the way, surely it's an abuse of process to leave it like this ,i don't want them coming back at me in another 3 years .
Debt defaulted 11-04-2012 .

[jaguarsuk]

surely it's an abuse of process to leave it like this

Unfortunately filing the claim without the proper paperwork is abuse of process, but the courts just seem to allow it.

The only way to get rid of it would be to apply to have the claim struck out or dismissed, but as I said this runs the risk of then alerting the claimant to the risk of that and them hurriedly trying to source the paperwork.

Did you SAR the original creditor and what was the result of that? It may be worth sending them another SAR to ensure the claimant couldn't get copies of what they need before considering any other moves.

[glendale]

Did you SAR the original creditor and what was the result of that? It may be worth sending them another SAR to ensure the claimant couldn't get copies of what they need before considering any other moves.

No - but never received anything CPR or CCA which i asked for - - will send SAR and take it from there.

Thanks for helping .

[jaguarsuk]

No - but never received anything CPR or CCA which i asked for - - will send SAR and take it from there.

Thanks for helping .

The SAR is to the original creditor not the claimant or their solicitor.

[GBExile]

The SAR is to the original creditor not the claimant or their solicitor.

To be fair you can do a Subject Access Request on anyone who holds data on you. But I get your point.

[glendale]

Did you SAR the original creditor and what was the result of that? It may be worth sending them another SAR to ensure the claimant couldn't get copies of what they need before considering any other moves.

Sent a SAR off 3 weeks ago -and today got a reply saying that they hold no info /accounts concerning my request.
I assume that's good news .
Nothing now showing on any CRA.

[Amethyst]

Sounds positive, and still nothing from the Claimant at all I assume?

[glendale]

Nothing at all AMETHYST,thinking maybe i should let "Sleeping dogs lie for now "

[glendale]

But it has been dragging on for a while tbh .

[Amethyst]

I reckon so. I know its crappy having it just lurking in the background but we don't really have any guarantees that making an application to strike based on non complaince with CCA and CPR and as abuse of process will work... it could just spur the claimant on to getting on with their claim, and if your application ( which costs £255 ) is denied you could get costs awarded against you. Even writing to the Claimant to say ' Oi, this is 3 years old now, withdraw or I'll make an application to lift stay and strike out and claim costs off you' may just encourage them to start the claim back up.

[glendale]

Thank you , will leave as is for a while ,still think it's no way to run a courts system but it is what it is .

Thanks for your help ,always appreciated .

[Amethyst]

Oh I completely agree, it's crap and very claimant-centric. If a reply isn't made within say 3 months, the claim should be automatically struck out... not just left sitting there forever, but it's not accounted for in the CPR's.