Cabot financial, claim stayed as no response to my defence

[janexx37]

Hi guys

i have defended a claim over Cabot financial for a statue barred debt, I’m just asking what do I do next? As they never responded to my defence through the courts the court stayed there claim

[des8]

As in your Lowell claim, it seems they realise the claim is stat barred and they are not pursuing it.

I wouldn't do anything, but if Cabot start pushing for payment follow the advice you got for the earlier struck out claim.

[janexx37]

Thank you very much for the reply

[R0b]

It is dangerous to allow a claim to be stayed for any lengthy period of time. Usually claimant's allow claims to fall into this status where they don't have sufficient evidence in their possession to dispute what you are saying in your defence. Many people have been caught out months if not years down the line when they receive a letter from the claimant saying they're going to restart the claim because they now have the evidence they need, catching them by surprise and unless the claim is settled, there's a real risk of having a CCJ on their credit file for the next 6 years.

If you are 100% confident that your claim is statute barred then you may be ok but if I were you I would be writing to Cabot and telling them that the claim has been stayed because they have taken no action and unless they inform the court they want to move it on in the next 7 days, I would be making an application to strike out the claim for an abuse of process and obtain judgment in your favour. There's no reason why the claim should be stayed if they have sufficient information and evidence to bring their case - but we all know these debt purchasers do not and have to rely on the original creditors to retrieve that information.

Whether you choose to sit back and see what Cabot do is up to you, but I've less sympathy for those who allow claimants all the time in the world to gather their evidence when they could have had the claim thrown out at a much earlier stage.

Good luck

[janexx37]

I know I was thinking the same I do not want to sit on it either they can be very crafty, how would I go forward in applying for a strike out
?