Case has been 'Stayed' letter from Court, what next?

[lemmy]

Hi all,

Just need a bit of advice please if possible?

Lowell had issued a court claim for an old credit card debt that was with Vanquis. I sent the relevant CCA and CPR requests and spoke to the court having filed my defence at which point they said they wrote saying the case would be 'stayed' if Lowells didn't provide the relevant documents. As this was nearly 2 months ago do I assume that it has been stayed now? Presumably this means it's just put on hold, how would I go about getting the claim removed after this amount of time or is it forever in 'limbo'?

Many thanks

Lemmy

[nemesis45]

Re: Case has been 'Stayed' letter from Court, what next?

Hi all,

Just need a bit of advice please if possible?

Lowell had issued a court claim for an old credit card debt that was with Vanquis. I sent the relevant CCA and CPR requests and spoke to the court having filed my defence at which point they said they wrote saying the case would be 'stayed' if Lowells didn't provide the relevant documents. As this was nearly 2 months ago do I assume that it has been stayed now? Presumably this means it's just put on hold, how would I go about getting the claim removed after this amount of time or is it forever in 'limbo'?

Many thanks

Lemmy

Hello Lemmy,

Phone the court and check to see if the claim has been stayed.

Lowell will have to pay a fee to lift a stay before they can resume the claim.

It is a little early to think about getting the claim struck out.

Please give us some details of what's gone on so far.

1.No response to CCA request?

2. No Response to CPR ?

3. What is your defence?

nem

[lemmy]

Re: Case has been 'Stayed' letter from Court, what next?

Hi nem,

Thanks for getting back to me so quick my defence is below to which I had the letter saying the case would be stayed. I also had a letter from Loewell in response to me CCA request saying the case was on hold but of course the sneaky bas*tards never told the court that so if I hadn't have checked they'd have got the CCJ by default!

Many thanks

'Dear Sir/Madam,

I am defending this claim on the grounds the I have no knowledge of the debt and have requested a copy of the Consumer Credit Agreement to prove it is indeed a debt belonging to myself and have not received said CCA just a letter from the solicitors saying the a/c is on hold, the solicitors letter is attached. In light of this I ask for the claim to be struck off.


Please can you confirm receipt of this defence for claim *******


Yours faithfully'

[nemesis45]

Re: Case has been 'Stayed' letter from Court, what next?

[QUOTE=lemmy;682490]Hi nem,

Thanks for getting back to me so quick my defence is below to which I had the letter saying the case would be stayed. I also had a letter from Loewell in response to me CCA request saying the case was on hold but of course the sneaky bas*tards never told the court that so if I hadn't have checked they'd have got the CCJ by default!

Many thanks

'Dear Sir/Madam,

I am defending this claim on the grounds the I have no knowledge of the debt and have requested a copy of the Consumer Credit Agreement to prove it is indeed a debt belonging to myself and have not received said CCA just a letter from the solicitors saying the a/c is on hold, the solicitors letter is attached. In light of this I ask for the claim to be struck off.


Please can you confirm receipt of this defence for claim *******

I hope you haven't already sent that Lemmy it's inadequate to say the least and could lead to the judge striking out the defence and awarding judgement to the claimant.
Take a look at the defence templates in the green box above.
nem

[MIKE770]

Re: Case has been 'Stayed' letter from Court, what next?

that is how those dirty tricks they play and they are called solicitors - says it all

[lemmy]

Re: Case has been 'Stayed' letter from Court, what next?

Unfortunately yes I emailed them that because of a silly mistake by me I missed the timescale to submit my defence. When I phoned the court to check the status of the case as I presumed it was all on hold, the court told me to email a defence in quickly even though I was over the normal time limit. I had very limited internet access at the time and knowing I was over the usual time limit for defence I submitted the above although looks like I may have done more harm then good.

I did receive a letter from the court saying the case was stayed so I presumed it may have had some effect? What can I do now, as it's stayed can I update my defence from the template you quoted?

Many thanks

[MIKE770]

Re: Case has been 'Stayed' letter from Court, what next?

it is stayed - no action taken - they would have to pay a fee to reintroduce it again or carry on!

[lemmy]

Re: Case has been 'Stayed' letter from Court, what next?

Thank you, so you suggest I leave it as it is for now? Can I apply to have the case struck off in due course or is that likely to get them to think about me again in which case should I just keep my head down??

Many thanks

[nemesis45]

Re: Case has been 'Stayed' letter from Court, what next?

Check the court again and do so on a regular basis Lemmy.

nem

[lemmy]

Re: Case has been 'Stayed' letter from Court, what next?

Thanks I guess I'll ring them on a regular basis to see if any change and hope I just get forgotten about.

[Diana M]

Re: Case has been 'Stayed' letter from Court, what next?

my defence is below to which I had the letter saying the case would be stayed. I also had a letter from Loewell in response to me CCA request saying the case was on hold . . . .

'Dear Sir/Madam,

I am defending this claim on the grounds the I have no knowledge of the debt and have requested a copy of the Consumer Credit Agreement to prove it is indeed a debt belonging to myself and have not received said CCA just a letter from the solicitors saying the a/c is on hold, the solicitors letter is attached. In light of this I ask for the claim to be struck off.


Please can you confirm receipt of this defence for claim *******


Yours faithfully'

While your Defence may seem brief it was enough to prevent a Default Judgment so at least you did the right thing in an emergency

You've pleaded non compliance with your request for a copy of your credit agreement and stated that the Claimant has acknowledged the legal position.

That appears to have halted the proceedings for now.

Post up the Particulars of Claim to see what the Claimant pleaded so you can send a revised CPR 31.14 Request depending on what you have already asked for.

How much is the claim and when did you open the Vanquis credit card account? The answers to that question will give you some idea of what may lie ahead.

A strike out application at this very early stage may be too soon. It might also provoke an application from the Claimant for a Summary Judgment to strike out your basic Defence if they come up with some paperwork.

If the Claimant provides documents then post up on the forum. You should then be in a position to amend your Defence to something a little more comprehensive ( ) at that stage depending on what they disclose.

Di

[lemmy]

Re: Case has been 'Stayed' letter from Court, what next?

Thanks for the reply Di, I've put the particulars and a copy of the CPR sent below, hopefully I got that bit right... :tinysmile_hmm_t2:

Claim is for £2001 including court costs but I'm not sure when I opened the a/c, probably about 2009 although I acknowledge the debt 3 years ago by email July 2013 to another DCA Scotcall as thought about paying it off but didn't have the funds in the end. CPR is below.

Many thanks

Dear Sirs,

Claim Number: ******

Request for documents mentioned in a statement of case under CPR 31.14

On 1st July 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Agreement
2. Default Notice
3. Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 15 July 2016.

I look forward to hearing from you.

Yours sincerely