Restons&cabot court claim

[Kazj84]

Re: Restons&cabot court claim

Hi, I contacted the court they say the claim is stayed with no further action since 28/2/15 as they are waiting for a response from the claimant.
Do I just leave it there?

[nemesis45]

Re: Restons&cabot court claim

Hi, I contacted the court they say the claim is stayed with no further action since 28/2/15 as they are waiting for a response from the claimant.
Do I just leave it there?

Yes and keep checking with the court.
nem

[Kazj84]

Re: Restons&cabot court claim

Hi, I still have not heard anything else from this issue. The court m bruised a form I could complete to get it stayed or something but there was a few for this, is it worth doing? Should it be barred by now as last time a payment was made was April 2009 I think.
Thanks

[FlamingParrot]

Re: Restons&cabot court claim

Hi, I contacted the court they say the claim is stayed with no further action since 28/2/15 as they are waiting for a response from the claimant.
Do I just leave it there?

Hi, I still have not heard anything else from this issue. The court m bruised a form I could complete to get it stayed or something but there was a few for this, is it worth doing?

They probably meant to get it struck out which, in view of recent events, I'd say it's worth doing but yes, there is a fee to pay for the application.

There was a recent case where the claim had also been stayed for months, then the claimants applied to lift the stay, strike out the defence and request summary judgment, all done without a hearing. :rant: :rant: :rant:

For that reason I'd definitely suggest applying for strike out. You may want to write to the solicitors stating your intention to apply for strike out unless they make the first move so to speak, before you submit your application to the court. :thumb:

As an alternative, you may try a letter to the court (no fee involved) as noted here: http://www.legalbeagles.info/forums/...333#post562333

Should it be barred by now as last time a payment was made was April 2009 I think.
Thanks

No, because the clock stopped running on the day the claim was issued. :mmph:

[Kazj84]

Re: Restons&cabot court claim

No, because the clock stopped running on the day the claim was issued. :mmph:[/QUOTE]

So does the 6 years start again from the date they initiated the ccj even tho I did not acknowledge the debt. I asked for evidence of the debt but they were unable to give me the evidence.

Hoe much is it to have the ccj struck out? I have one email saying £155 and another for £50 from the court?
What would I write as my defence?

[FlamingParrot]

Re: Restons&cabot court claim

So does the 6 years start again from the date they initiated the ccj even tho I did not acknowledge the debt. I asked for evidence of the debt but they were unable to give me the evidence.

For the purposes of limitation, there should have been six years without payment or written acknowledgment at the time the claim was issued, in that case you could have submitted a SBd defence. All the time the claim has been stayed does not count.

Hoe much is it to have the ccj struck out? I have one email saying £155 and another for £50 from the court?

Application fee with a hearing would be £155, however, you may want to explore the alternative routes I mentioned above and also see if you qualify for fee remission: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

What would I write as my defence?

You have already submitted a defence so it wouldn't be a defence as such, you may want to look here for useful arguments: http://www.legalbeagles.info/forums/...139#post494139

[Kazj84]

Re: Restons&cabot court claim

The ccj was issues 5years and 8 months since last payment, I still did not acknowledge the bill so by now it should b statute barred could that still be the case?

- - - Updated - - -

What should I say to the solicitors? If not for all this ccj stuff it should have been barred by now could I use this when I write to them?

[nemesis45]

Re: Restons&cabot court claim

The ccj was issues 5years and 8 months since last payment, I still did not acknowledge the bill so by now it should b statute barred could that still be the case?

- - - Updated - - -

What should I say to the solicitors? If not for all this ccj stuff it should have been barred by now could I use this when I write to them?

CCJ's stop the clock and don't actually expire. It will be removed from CRA records 6 years from the date of judgement.
You give the claimant 7 days written notice giving them a chance to withdraw the claim or you will apply for the claim
to be struck out and you will hold them liable for the costs of the application.

nem

[Kazj84]

Re: Restons&cabot court claim

CCJ's stop the clock and don't actually expire. It will be removed from CRA records 6 years from the date of judgement.
You give the claimant 7 days written notice giving them a chance to withdraw the claim or you will apply for the claim
to be struck out and you will hold them liable for the costs of the application.

nem

Is there anything specific I need to put in the letter any laws or anything. How would I hold them liable for costs would I need to go to small claims court or something?

[FlamingParrot]

Re: Restons&cabot court claim

The ccj was issues 5years and 8 months since last payment, I still did not acknowledge the bill so by now it should b statute barred could that still be the case?

What should I say to the solicitors? If not for all this ccj stuff it should have been barred by now could I use this when I write to them?

The debt still had four months left at the time was issued. The reason for issuing the claim could well have been to make sure to get it in just before their time ran out, we'd all do that under the circumstances, like entering a competition just before the deadline.