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Lifting a stay

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  • Lifting a stay

    Good morning I have a claim against me should I ask the court and write to the claiment stating why it's unfair to do this after so many years .. basically had a credit card mbna was defaulted in 2011 the global arrow took me to court 2016 I aknowlege the claim but defended it all so it was stayed now they have all the paperwork 1 January 2007 never paid any money since 2011 many thanks
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  • #2
    Hello Zena
    That is a ridiculous length of time to have a claim sitting stayed. I would write to the creditor first inviting them to discontinue the claim or produce all required paperwork within 14 days or you will apply to lift the stay, as is your legal right under cpr 15.11(2) and if successful they will bear the costs of the application. (I'm assuming CCA requests were what caused this to go stayed?)
    If they disagree, you can apply to the court to lift the stay using N244 form - but this will 'wake' the case up again, the judge may decide to make an Unless Order straight away requiring the claimant file documents by X date or the case will be struck out. Just make sure you're confident of the steps ahead.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Thankyou for your reply .they sent all the documents with the court papers alone with n244 showing they have asked already so I'm now wanting to ask if I could use the limitation act as they have had this along time and not pursued this but it seems they have there paperwork ..it's like they got a stay 2016 my default and last payment was in 2011 December and now the stay has allowed them to have a longer time to find the paperwork basically the statue barred has gone on now approaching 10 years so I'm so upset because the debt collector s have not been nice and ignored my letters when I asked for proof even told a porky or deliberately never sent me the correct paperwork I'm guessing that's why they never proceeded back in 2016

      Comment


      • #4
        Sorry I misunderstood your first post, they have applied to lift stay as they have the paperwork? Do you want to upload anonymised copies of whatever they have supplied and we can tell you if its fully compliant with CCA or not?
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          I'm having trouble up loading

          Comment


          • #6
            Originally posted by Zena.may123 View Post
            I'm having trouble up loading
            Email them to me at Kate@legal beaglesgroup.com
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

            I am proud to have co-founded LegalBeagles in 2007

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

            Comment


            • #7
              Hi sorry I've returned mail not sent to that email address

              Comment


              • #8
                I just received four emails with an attachment each, showing 4 pages of credit agreement, unsigned.
                Can you tell me the year you opened the account please?
                Have you asked for a copy of the default notice?
                Did this agreement come 'together with' a statement of account?

                Thanks
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment


                • #9
                  Hi thankyou yes it was 2007 January ac was open statements of account yes about 7 of them was defaulted in 2011 last payment was Dec 2011

                  Comment


                  • #10
                    Hopefully you will have received all the other paper work to thanks

                    Comment


                    • #11
                      January 2007 - How marvellous
                      Ok the agreement you have sent through to me is UNSIGNED and looks like a reconstituted agreement. Only after April 2007 were lenders allowed to supply a recon agreement in response to CCA requests following a court case: Carey v HSBC LegalBeagles
                      This means the credit agreement they have supplied will render them unable to enforce the agreement.
                      You will need some help drafting a proper response to this but this is a very positive development.
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                      Comment


                      • #12
                        Thankyou again for your help I'm looking over the site as not to be a pest for the way forward

                        Comment


                        • #13
                          There will be a lot of useful information about CCA - if this is the best they can produce after four years of looking, then I suspect they are going to have a few issues with this account!
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #14
                            Hopefully I can draft a letter stating why cca is unenforceable could you point me in that direction on the site please

                            Comment


                            • #15
                              Yes your right about the information for cca blown my mind this is how I've written my letter could I send it to that email please

                              Comment

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