Oh Shit

[Amethyst]

Re: Oh Shit

Nope, if the solicitors don't respond your case will be stayed. You can ask the court to strike the claim out but they usually need an application for that which costs £155.

[nemesis45]

Re: Oh Shit

Alternatively you could give notice to the claimants solicitor that within x days you intended
to apply to the court for the claim to be struck out and will expect their client to bear the costs
of the application.

nem

[Noah]

Re: Oh Shit

Thanks for the advice

What is the benefit of getting the claim struck out, can't they just restart the claim if they get the document, which I assume they haven't got or they would have proceeded.
I know £155 is a lot less than the amount I owe but it is still a lot of money for me

I read somewhere that someone else had asked that they discontinue and they refused.

Also if I do find the money needed is it guarenteed to be struck out? I definitely couldn't afford to lose the money for no gain.

[Amethyst]

Re: Oh Shit

No it isn't guaranteed, and even if you got it struck out it isn't guaranteed you'd get it back - exceedingly unfair I know. Yes you can write to them and tell them your are intending to apply to have them struck out and they would have to bear the costs, or they should discontinue and give them 14 days. It could encourage them to find the documents though.

If they are struck out and later come up with the documents they would have to get the permission of the court to restart the claim - usually if you get it struck that is the end of it. But the same applies if they discontinue.

You could apply for £50 without a hearing. There is always the risk they just come up with the documents half way through applying.

The other option is to leave it be, but then of course its always in the back of your mind that its there. They would need permission of the court to lift the stay if they did find the documents though.

These things are always a bit of a game of chess I'm afraid and there is no right answer.

[nemesis45]

Re: Oh Shit

Thanks for the advice

What is the benefit of getting the claim struck out, can't they just restart the claim if they get the document, which I assume they haven't got or they would have proceeded.
I know £155 is a lot less than the amount I owe but it is still a lot of money for me

I read somewhere that someone else had asked that they discontinue and they refused.

Also if I do find the money needed is it guarenteed to be struck out? I definitely couldn't afford to lose the money for no gain.

You are dealing with this through the English Civil Law process where " judgements " are made on the " Balance of Probabilities "
If the claim is struck out the claimant would difficulty in issuing a new claim for the same debt.
If you leave it as it then all the claimant has to do is apply to the court to lift the say.

You must rember that each case is different what happened in another random case is really not relevant.

nem

[Noah]

Re: Oh Shit

Thank you for the thoughts
Nemesis
I assume that you mean the following ( I have added a word in
If the claim is struck out the claimant would HAVE difficulty in issuing a new claim for the same debt

As it seems that I could be had whatever I do , if I have it struck out they could still apply and if I leave it stayed they could still apply I think I will "let sleeping Dogs Lie". I can not afford the £155 fee anyway so it is a bit of Hobson's choice

[Amethyst]

Re: Oh Shit

Lots of peeps do just let sleeping dogs lie and deal with anything else if it comes up in the future.

[nemesis45]

Re: Oh Shit

Thank you for the thoughts
Nemesis
I assume that you mean the following ( I have added a word in
If the claim is struck out the claimant would HAVE difficulty in issuing a new claim for the same debt

As it seems that I could be had whatever I do , if I have it struck out they could still apply and if I leave it stayed they could still apply I think I will "let sleeping Dogs Lie". I can not afford the £155 fee anyway so it is a bit of Hobson's choice

Yes! as @ Amethyst says many leave the mongrels to sleep and why not!!
Keep checking regularly with the court for any dirty tricks!
If the stay is very prolonged you could invite the claimant to withdraw at their cost.

nem

[Noah]

Re: Oh Shit

Thank you Amethyst

I will just leave it be for now , maybe see what Santa brings me in the way of money.

I really hope they can not produce anything

What I find really strange is that in 2012 they sent me a reply to my CCA request , I can only guess and hope that there is something wrong with it . It was headed Liverpool Victoria when the loan was paid into my bank under Morgan Stanley

[Noah]

Re: Oh Shit

It appears i have missed something or something got missed
Today I received a judgement for the claimant

I would say thanks for your help but it seems that Flaming parrot has left the site and no one else resounded to my PM's

The only option I can see now is to go bankrupt if I can find the money

[Amethyst]

Re: Oh Shit

It is always best to post on your thread, people can't advise by PM, and yes, FP has left the site. A PM is a private message I'm afraid, and no one else would have access to FP's PM's. People do come and go on the site over time so posting on the thread is the best way to get help and support with your case.

What has happened since October ? Have you had any further communication from the court or the claimant since your last posts?

The claimant must have applied to court to lift the stay having located the documents ? Did you have notification of that and did you respond ?

[Debt Camel]

Re: Oh Shit

[MENTION=6]Amethyst[/MENTION] will talk about whether there is anything that can be done about the CCJ, whether there are any grounds to have it set aside.

You previously mentioned a DMP - how large are your other debts? Are you renting or buying?

[Noah]

Re: Oh Shit

Thanks for the replies.
I am not sure what has been going on as there have been a few letters that have not arrived. One dated 21st Dec arrived yesterday. A bank statement issued 15th Dec has not arrived

i did message others who had posted on my thread because previously when I posted I was ignored, or that is how it seemed.

since October I had heard nothing and was wanting advice on getting the case stopped.