How to lift/remove a stay

[Colman]

I hoped someone can please help.
I want, if possible, to have a “stayed” county court claim lifted. Can I write to the Court/Judge to have the proceedings cancelled ?
The Claimant (CABOT FINANCIAL) applied for a judgment back in Dec 2021. I sent my defence, asking for the Claimant to prove the debt (Loan c.£4,000) by providing me with relevant documents (copies of Credit Agreement/Default Notice/Statutory Notice of Assignment etc).
Their Solicitors eventually replied by letter (Feb 2022) to say that their Client doesn't have the docs/info and is going back to the origin creditor, and will come back to me. Haven't heard back since.
They applied to have the case stayed.
Don’t want to have this outstanding, and has been some 20 months.
Can I somehow apply to the Judge for him to order the lifting of the stay ? Is there a form, or else wording I should use ?
Any help very much appreciated.

[Colman]

I was hoping someone might be able to help with having a “stayed” county court claim lifted ? My prior more detailed post refers.

[atticus]

You would need to make an application to the court, paying the fee.

Wouldn't you do better to apply to have the claim struck out?

Either way, are you certain that letting sleeping dogs lie would not be a better course? What will you do if things do not go the way you would like and Cabot ends up pursuing the case with renewed vigour?

[Colman]

Many thanks for you reply.
Is their a specific form/application to use to have the Claim struck-off, or should I simply send a detailed letter ?
Look forward to your further advice.
Thanks

[R0b]

You need to complete Form N244 and provide a witness statement with supporting evidence. The order you are asking from the court is to strike out the claim on the basis that it is an abuse of process.

I would disagree with Atticus' point about letting sleeping dogs lie. This is a common tactic by debt purchasers such as Cabot where they issue claims without the appropriate documentation and then let the claim be stayed automatically so that they have all the time in the world to source the documents to support their case. Sometimes this can be months but I've also seen it happen for a number of years.

People forget about it and all of a sudden a letter drops through the door to enclosing the documents you asked for and that they intend to make an application to lift the stay and seek summary judgment. In my personal view, this is a flaw in the legal system that allows a claimant to stay in proceedings for an indefinite period, particularly if any limitation periods are at risk - once a claim is issued, it should continue unless the claimant discontinues or settlement is reached or the court exercises its own powers to strike out the claim.

I would suggest that if you want to nip this in the bud, this is the correct course of action. Of course if you are unsuccessful and the claimant somehow manages to produce the documents, then you may be liable for costs of the application. Not entirely sure that a legal rep on behalf of Cabot would turn up as that would eat into their profits so they might just make written submissions, if anything.

[atticus]

Good points, well made.

[Colman]

Thank you so much.