Notice of Hearing of Application for an order that stay be lifted

[frostyboy21]

Hi All,

I was granted a stay on a historical debt after having used the templates on this fab site.

Today I received an email stating that I have a telephone hearing next week, it seems that the hard copy of the claim has gone to my old address. I am looking for a little help in relation to what actually happens at these hearings. I obviously do not want to receive a CCJ on my file. Could someone be kind enough to answer a couple of questions for me:

1. What is the normal agenda for a hearing?
2. I have received the defense and been asked to supply a case summary, a summary of issues and a summary of issues to be dealt with at the hearing agreed if possible.a draft of any orders, etc. from the court. I feel I should create a response to the defense but don't want to put myself in a position where I fall over. Should I respond in writing or wait for the hearing?
3. Will I be able to settle the debt if the judge lifts the stay before it moves to a CCJ?
4. Any general advice that might help?

I am conscious that I have 7 days before hearing and need to respond to support hearing.

As always any help greatly appreciated, and any more context that would help I am happy to provide.

Many thanks

Matt

[atticus]

Q1. A hearing usually runs along the following lines.

The party making the application makes the application, explaining his reasons.

If the application s opposed, the other party responds, explaining why he opposes the application.

The party making the application my reply.

The District Judge decides.

Q2: are you sure that you have to do these things and not the Claimant?

Q3. Yes.

Q4. The Claimant will need to explain the delay (we are not told how long) and why the court should now allow the claim to proceed. You may wish to include in your answer arguments based on the length of the delay, the age of the original claimed debt, and any changes in your circumstances.

[frostyboy21]

Thank you so much for the quick replay and your knowledge.

The original default was placed on the debt back in 2009, nearly 13 years ago, so I will play on that, and indeed the claimant put incorrect default dates in the claim form.

I want to defend myself as I feel I have settled before assignment to Cabot the new debt recovery in 2015, but felt pressured that I would be hit with a CCJ immediately if judge rules in favour of the claimant.

Again many thanks

Matt

[frostyboy21]

Q1. A hearing usually runs along the following lines.

The party making the application makes the application, explaining his reasons.

If the application s opposed, the other party responds, explaining why he opposes the application.

The party making the application my reply.

The District Judge decides.

Q2: are you sure that you have to do these things and not the Claimant?

Q3. Yes.

Q4. The Claimant will need to explain the delay (we are not told how long) and why the court should now allow the claim to proceed. You may wish to include in your answer arguments based on the length of the delay, the age of the original claimed debt, and any changes in your circumstances.

Morning,

Just revisiting your comments, and point 2 you asked if I have to do those things and not the claimant. This is a link to the Notice of Hearing Application.

https://photos.app.goo.gl/TePBEhbrvFF8gafi7

Not sure if you would be kind enough to read and confirm whether a response is required prior to hearing or whether my response is given at the hearing.

I have no documents to share to support my defense.

Thank you in advance.

Matt

[atticus]

Good morning.

Ok, so that has to be done by the parties. I suggest you ask the Claimant to provide drafts for you to consider.

Defence with a c please.