Lowell. Claimed stayed

[Benny_741]

Hi Guy

I have been taken to court by Lowell. I have written my defence and sent it back to the court.

Today I have found out via the court that the case has been ‘stayed’. Due to Lowell and Overdales solicitors not responding in time.

what does this mean? The court staff weren’t that helpful but what what she was saying the case has been stopped. If this is correct are there any time limits that need to pass before they can resume the case?

your help is very much appreciated.

[R0b]

There is not time limit for stayed cases. Normally, creditors tend to stay cases because they don't have enough information to hand in order to address your defence such as notice of default or the assignment letter or the credit agreement etc. It is a loophole used by them to allow more time to get that information and then then they have it, they will ask for the stay to be lifted and crack on with the claim, sometimes making an application for summary judgment.

It would be very unwise of you to allow the case to be stayed for any lengthy period of time and in my view it is an abuse of process. I've seen cases on here that have been stayed for several years then pop up out of the blue and the debtor then complains that its not fair even though they did nothing about it.

If I were you, I would be considering an application to the court to strike out the claim for abuse of process. There may be other arguments such that the limitation period of 6 years is coming up and by allowing the claim to be stayed, they are effectively trying to circumvent that.

[Benny_741]

Thanks for letting me know this. One more question, how do I apply to the court to strike out the claim for abuse of process. What do I need to do?

[Benny_741]

Im due to start mediation with Lowell and Overdales solicitors. I have requested them to supply me with the delivery note of photograph showing successful delivery of a WiFi device, they are taking me to court for. The have replied (please see attached). I don’t know how to proceed. please help!