Capquest County Court Summons re Historical Debt

[pt2537]

Re: Capquest County Court Summons re Historical Debt

Dear Amethyst
The latest situation in my case is that due to tight timescales and pressure to submit a defence before the defence due date, I submitted my only defence possible - that being:

1. I had no idea what the debt being claimed related to.
2. The claimant had not provided any recognisable reference number, account number or bank / credit card company name for me to relate to.
3. The claimant had not complied with my request for information under CCA or 31.14 Disclosure or even responded with a confirmation of receipt of my request
4. So given the above, I respectfully asked the court to throw out the claimants claim.

The court in response to my defence wrote to me - "not responding at all to my request to throw it out" but simply saying that they sent my defence to the claimant for their response within 28 days, after which the case would be "Stayed" and that the only action the claimant could then have would be to write to the judge for an order lifting the stay. (This seems like a standard defence application response letter)

The 28 days has now elapsed with naturally no response whatsoever- Please can you let me know what happens now? -& Does any of my request letters hold any legal weight to get the case thrown out as they clearly suggest? Please advise Many thanks and kind regards RSVPT:help:

No, the Court will not conduct litigation by correspondence, furthermore throwing out a claim without allowing the other party to have their say would land you in the Court of Appeal probably

The correct approach would be to make an application if you do indeed have grounds to strike the Claim out. But be warned that if you do apply and it fails you will be faced with a costs order against you.

Just my view of course.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Ok - So given the circumstances which are very clear - what's the next step? does this case literally "stay" open indefinitely as a black cloud over my head?

[pt2537]

Re: Capquest County Court Summons re Historical Debt

Ok - So given the circumstances which are very clear - what's the next step? does this case literally "stay" open indefinitely as a black cloud over my head?

It depends on how the case is managed as to how it turns out really

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Can you please answer each of the following:
Is there anything else I need to do now?
If I do nothing and the claimant does nothing how long can the case be stayed? or will it be dissolved?
Thanks

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Please - does someone know the answers to my questions
Thanks

[mystery1]

Re: Capquest County Court Summons re Historical Debt

Phone the court and ask the current status of the claim. If it is stayed or not.

They may have applied for summary Judgement.

M1

[pt2537]

Re: Capquest County Court Summons re Historical Debt

Can you please answer each of the following:
Is there anything else I need to do now?
If I do nothing and the claimant does nothing how long can the case be stayed? or will it be dissolved?
Thanks

1) I cant answer whether the pleaded case is sufficient, you seem to suggest the Claimant failed to disclose sufficient detail in the Claim? if so, then you should have asked for documents under 31.14 to understand the Claim. If the Claimant failed to provide inspection of documents per 31.14 then i would have made an application to the Court

I recently secured an unless order on a case like this, especially in the current climate with the Courts being quite quick to throw out claims IF but only IF the correct rules and protocols are followed.

2) The Claim will never be dissolved, it will be at best stayed, and will remain stayed til the claimant applies to lift the stay and proceed.

I agree with M1 too on speaking with the Court.

I would say leaving the case to flounder is not a good approach.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thanks M1 - I will phone tomorrow

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear M1
I phoned the court and they said that the 28 day time period has elapsed and that the case was now stayed and the person I spoke to would not comment whatsoever re the possibility of a summary judgment. They said it can be stayed indefinitely until the claimant requests the stay to be lifted. This seems to be very unfairly weighted in the favour of the claimant who can make an unverified claim - not respond to an official request for information and not even reply or respond to my defence.
- what can be done now? Please advise
Many Thanks

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Hi Amethyst or FP or PT or M1
Can anyone respond to my last query please - Many thanks

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

The court in response to my defence wrote to me - "not responding at all to my request to throw it out" but simply saying that they sent my defence to the claimant for their response within 28 days, after which the case would be "Stayed" and that the only action the claimant could then have would be to write to the judge for an order lifting the stay. (This seems like a standard defence application response letter)

Can you post up the full text of the general order you received please.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

The full text of the letter received is as follows:

I acknowledge receipt of your defence. A copy is being served on the claimant (or claimants solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[mystery1]

Re: Capquest County Court Summons re Historical Debt

I think i've worked out what is going on. You sent a "defence" and that has been sent to the claimant. The claimant has 28 days to react to that or the claim is stayed which is normal procedure.

Does that sound right ?

M1

[pt2537]

Re: Capquest County Court Summons re Historical Debt

The full text of the letter received is as follows:

I acknowledge receipt of your defence. A copy is being served on the claimant (or claimants solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Standard Court letter by the seems of it. I concur with M1

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Returning to my original question:
"I phoned the court and they said that the 28 day time period has elapsed and that the case was now stayed and the person I spoke to would not comment whatsoever re the possibility of a summary judgment. They said it can be stayed indefinitely until the claimant requests the stay to be lifted. This seems to be very unfairly weighted in the favour of the claimant who can make an unverified claim - not respond to an official request for information and not even reply or respond to my defence.
- what can be done now? Please advise?"