Reston/Arrow Global

[charitynjw]

Re: Reston/Arrow Global

Hiya
I may have done tbh and it would have been an online banking payment but I have changed banks since then

You can obtain records from the previous bank; they usually charge a small fee. (I paid £5 & they sent it to me within a week)

[Diana M]

Re: Reston/Arrow Global

A court can stay (suspend ) claim if for example a claimant does not respond to a defence or fails to meet other deadlines/ does not comply with an order from a judge.

I agree that a claim can be stayed if the Claimant does not respond to a Defence.

But if a Claimant fails to meet a procedural deadline or comply with a court Order from a DJ then I would expect the sanction to be a strikeout of that claim by the court.

GSD Girl, a stay is a pause button on legal proceedings. If either party wants to continue they then have to make an application to the court to lift the stay and give their reasons. The longer the stay is in place (years not months) the harder it becomes to get it lifted.

So call the court to check the status of your claim, but don't worry if they haven't got an instant answer because NCCBC are about 20 days behind with their paperwork at the moment.

Di

[charitynjw]

Re: Reston/Arrow Global

I agree that a claim can be stayed if the Claimant does not respond to a Defence.

But if a Claimant fails to meet a procedural deadline or comply with a court Order from a DJ then I would expect the sanction to be a strikeout of that claim by the court.

GSD Girl, a stay is a pause button on legal proceedings. If either party wants to continue they then have to make an application to the court to lift the stay and give their reasons. The longer the stay is in place (years not months) the harder it becomes to get it lifted.

So call the court to check the status of your claim, but don't worry if they haven't got an instant answer because NCCBC are about 20 days behind with their paperwork at the moment.

Di

It would be good if that were so.
But I know of at least 2 that were just stayed after no reply to the defendant's filed defence. (One has been stayed for over 4 years now.........the defendant doesn't want to poke the sleeping snake, though!)

[Diana M]

Re: Reston/Arrow Global

I may have done tbh and it would have been an online banking payment but I have changed banks since then

You've not pleaded statute barred as part of your Defence (assuming that's your concern over the £79 payment in 2012).

If you believe it is SB then you will need to amend your Defence.

Di

[Diana M]

Re: Reston/Arrow Global

I know of at least 2 that were just stayed after no reply to the defendant's filed defence. (One has been stayed for over 4 years now.........

In which case the Defendant could make an application to have the claim struck out. However if it's been stayed for over 4 years there must be a reason, and that reason is probably that the Claimant hasn't got the paperwork.

I agree with letting sleeping dogs lie, but of course that prevents the debt from ever becoming SB.

Di

[GSDgirl]

Re: Reston/Arrow Global

Thanks all.
I really appreciate your informal advice. This stuff is so scary.

[charitynjw]

Re: Reston/Arrow Global

In which case the Defendant could make an application to have the claim struck out. However if it's been stayed for over 4 years there must be a reason, and that reason is probably that the Claimant hasn't got the paperwork.

I agree with letting sleeping dogs lie, but of course that prevents the debt from ever becoming SB.

Di

Lol!

In which case, no-one has the paperwork.
The defendant can't find half of his, & the court apparently destroys their files after 3 years (or so CCBC told me....they certainly can't find anything; they've now carried out 2 searches).

[Diana M]

Re: Reston/Arrow Global

I have now received a letter from arrow.

At the risk of stating the obvious, that letter from Arrow requires no response.

You have filed your Defence (which was maybe a little bit minimal )

The next step in the legal procedure is the Claimant has to inform the court of their intention to proceed or not. If they don't do that by the 28 day deadline then the claim is stayed.

Di