• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Can I get CC claim stayed

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can I get CC claim stayed


    over 6 years ago I took out a loan with ICL. At some point they sold that debt to PRAC. Earlier this year I received an LBA for £1500 from BW legal. I didn’t fully understand the gravity of the letter and didn’t respond.
    I then receive court forms submitted by BW legal. I filed a defence advising a complaint was logged with the original creditors ICL. I asked if the claim could be put on hold until ICL had reviewed my complaint. I think I have a good case against ICL. BW intend to proceed and have submitted their directions questionnaire.
    Any help on how I might be able to get the court proceedings stayed?
    Tags: None

  • #2
    Originally posted by Cobbers View Post
    over 6 years ago I took out a loan with ICL. At some point they sold that debt to PRAC. Earlier this year I received an LBA for £1500 from BW legal. I didn’t fully understand the gravity of the letter and didn’t respond.
    I then receive court forms submitted by BW legal. I filed a defence advising a complaint was logged with the original creditors ICL. I asked if the claim could be put on hold until ICL had reviewed my complaint. I think I have a good case against ICL. BW intend to proceed and have submitted their directions questionnaire.
    Any help on how I might be able to get the court proceedings stayed?
    Having lodged a complaint with the original creditor is not a defence to a claim, was that the only thing you said in your defence? If the claim becomes stayed at any stage the claimant will simply apply for the stay to be lifted and summary judgement to be entered.

    You need to submit a CCA Request to Prac and also a Subject Access Request Letter to them asking for copies of all information they hold on you including any default notices and notices of assignment.

    Once in receipt of these documents if you did only put the complaint being lodged as your defence you will need to draft an Amended Defence and apply to the court to amend your defence at your cost.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X