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Stayed Claim / Cabot

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  • Stayed Claim / Cabot

    I submitted a defence to Northampton on 9th June 2017. The case was stayed as Reston's did not respond within the time limit. As almost 18 months have now passed, what is the likelihood of them applying the to lift the stay? The claim was for around £8k
    Tags: None

  • #2
    No one can be sure what will happen, however there is a risk they will produce the documents they need along with an application to strike out the defence, if your defence was based on a failure to provide documents.

    I dont like the idea of giving the opponents an unlimited amount of time to find whatt hey need to win their case.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      I have similar issue, can we request the judge strike out their claim for good?

      Comment


      • #4
        Now then, PRA Group v Doyle is an authority that says the creditors cause of action includes the Default notice, if they dont plead it then their claim can be open to a strike out
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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