County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

[Kanga86]

Hi echat11 so I have called the court to confirm... the young girl I spoke to gave me so much contradicting information. I know the advisors are not legally trained but it didn't even sound like she had my file opened properly. She originally told me the claim was stayed 16th December 2024. When I questioned that (as that is the date I called them for an update) she looked again and said, quote, "oh yeah. The first stay on the claim is 27th August due to inactivity"... I asked if that meant it had been stayed TWICE? She said no, it was stayed once 27th August 2024. What she was looking at the first time was when I called for information. I asked numerous times if she could confirm there was NO activity on the file from 22nd July (defence receipt date) until the claimants application notice to lift the stay and provisionally allocate it to the small claims track. She confirmed there wasn't but...


So the dates are as follows:

Claim defence receipt dated 22/07/2024

Claim stayed (as confirmed with phone call, today 26th March 2025) 27/08/2024

No activity on the claim other than my phone call to the court 16/12/2024

The copy of the claimants N244 application that I received with the questionnaire is dated 05/02/2025. She confirmed on the phone that this was processed 28/02/2025.

The general directions order is dated 19/03/2025.

Total days from claim being stayed (27/08/2024) to date of Claimants N244 application (05/02/2025) is 163 days (or 5 months and 10 days) ... I used an online date calculator to be certain...

So, yes, just under the 6 month 'threshold' so to speak....

[Kanga86]

In which case, do I remove the case example from my WS?

[echat11]

In which case, do I remove the case example from my WS?

Yes remove it, your earlier WS in post 61, that is the one you should be sending with the amendments suggested after post 61 by Pezza, but nail down the dates. The whole point of a WS is that it's factual and true.

[Kanga86]

Ok, thank you. Would you mind me posting another draft after Ive ammended? I just want to make sure I get it all right

[echat11]

Ok, thank you. Would you mind me posting another draft after Ive ammended? I just want to make sure I get it all right

O.K.

[Kanga86]

This is literally battering my head... so the original claim form (dated 27th June 2024) has the particulars of the claim as follows: 'The claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxx opened ON OR AROUND the 17/05/2012" it then goes on to state that a default was recorded 31/07/2014. The benefit of the debt was originally assigned to Intrum UK Finance Limitited then legally assigned to Claimant effective 05/01/2023 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter".

Absolutely no other details other than that so I sent the CPR 31.14, A SAR and a CCA request to the claimant listed.

There was no response so I filed my defence (as per all of your advice at the start of this thread- thank you!!) and received acknowledgement 22nd July 2024.

When the relevant documents were sent back to me in the letter dated 31st October 2024 the statement showed no activity on the account since 2014....But looking through my papers it seems I HAD been making payments (via Moorcroft) until 04/10/2021.

It then disappears into a black hole for two years until Intrum UK Finance took over 05/01/2023 (It does state that a notice of assignment was served however I do not recall that).

I have not received a single further thing until 27th June 2024.

So obviously the statute barred argument is no longer valid as I was paying it via a collections agency. Nobody has communicated any of this to me, it is my own digging and putting 2 + 2 together that it is now all making a little bit of sense.

I don't know what happened back in 2021 and why it disappeared for 2 years (when Link apparently took over it) but now I am in even more of a state as I genuinely had no clue what this was!

Do you have any advice or am I best seeking a solicitor?

Many thanks from a super stressed out woman!

[Kanga86]

I should add I absolutely have no issue in making payments towards anything- as I was until 2021 via Moorcroft. I just genuinely did not have a clue what this was. I have a few different payment plans set up with different collections agencies due to not making very wise choices financially.... so this is a genuine error on my part but I am now panicked!

[echat11]

I should add I absolutely have no issue in making payments towards anything- as I was until 2021 via Moorcroft. I just genuinely did not have a clue what this was. I have a few different payment plans set up with different collections agencies due to not making very wise choices financially.... so this is a genuine error on my part but I am now panicked!

Remove 6 completely from your Witness Statement, post 61, then amend the rest to reflect the facts you now have at hand. It's still taken them time to lift the stay.

You can put the following in your Witness Statement

'When the requested documents were received by me with the letter dated 31st October 2024, the statement showed no activity on the account since 2014, but it seems that I had been making payments, the Creditor hasn't provided evidence of these payments.being made.

[Kanga86]

Thank you. Here is the revised (again!) version.

COVER SHEET
IN THE CIVIL NATIONAL BUSINESS CENTRE

Claim No: L4HC8G28

Between:
LC Asset 2 S.A.R.L – Claimant
and
xxxxxx– Defendant

---

DOCUMENTS ENCLOSED

Date: 25^TH March 2025.
To Whom It May Concern,
Please find enclosed the following documents in relation to the above claim:

1. DEFENDANT'S WITNESS STATEMENT IN OPPOSITION TO LIFTING OF THE STAY in response to the Claimant’s N244 application dated 5th February 2025, and
2. COMPLETED FORM – N180. DIRECTIONS QUESTIONNAIRE

These documents are submitted in accordance with the court’s General Directions Order dated 19th March 2025.
If further information is required, please do not hesitate to contact me at the details below.
Kind regards,


[NAME
ADDRESS
CONTACT NUMBER
EMAIL ADDRESS]

Signed: _______________________
Date: _________________________







WITNESS STATEMENT OF [ Name] (DEFENDANT)
I, [Name] of [Address], make this statement in response to the Claimant’s application dated 5th February 2025 to lift the stay on the above claim. I make this statement from my own knowledge unless otherwise stated, and believe the facts contained herein to be true.

---

1. Introduction
1.1 I am the Defendant in this matter.
1.2 I oppose the Claimant’s application to lift the stay that has been in place since 27th August 2024.
1.3 The claim has been inactive for nearly six months, during which time I received no further directions or communications from the Court or the Claimant regarding progression of the case.

---

2. Background and Timeline
2.1 I received the claim from the Civil National Business Centre (Northampton County Court) on 27th June 2024.
2.2 I filed my Defence on 22nd July 2024 [EXHIBIT A]
2.3 I received a Notice of Acknowledgement of Defence, dated 22nd July 2024, which stated that the Claimant was required to notify the Court within 28 days if they intended to proceed.
2.4 No further contact or action occurred until I received a General Directions Order dated 19th March 2025, enclosing the Claimant’s N244 application dated 5th February 2025.
2.5 During this time, the claim was stayed due to the Claimant’s inaction.

---

3. Document Requests and Late Disclosure
3.1 On 5th July 2024, I sent a CPR 31.14 request to the Claimant’s solicitor (Kearns Solicitors), requesting disclosure of documents referred to in the Particulars of Claim — specifically the agreement, Default Notice, and Notice of Assignment. [EXIBIT B]
3.2 I also issued a Consumer Credit Act 1974 (CCA) request directly to the Claimant (LC Asset 2 S.A.R.L) on the same date, along with the required £1 statutory fee, as well as a Subject Access Request (SAR). [EXHIBIT C]
3.3 The Claimant did not respond to any of these requests prior to the stay.
3.4 The documentation was eventually provided in a letter dated 31st October 2024 — more than three months after my Defence was filed and over two months after the claim had been stayed.
3.5 This late disclosure hindered my ability to fully assess or respond to the claim at the appropriate stage. Notably, the documents revealed details that had not been apparent from the original Particulars of Claim.

---

4. Clarification on Payment History and Claim Details
4.1 The documents received on 31st October 2024 included a statement showing that payments were made towards the alleged debt via Moorcroft Debt Recovery up until 4th October 2021.
4.2 This information was not referenced in the original claim form and had not been communicated to me prior to October 2024.
4.3 After the last recorded payment in October 2021, there appears to be no further account activity for over two years until the debt was reassigned to Intrum UK Finance Ltd on 5th January 2023.
4.4 While the Particulars of Claim state that a Notice of Assignment was served shortly after the reassignment, I do not recall receiving such a notice.
4.5 I did not receive any communication or correspondence regarding this debt between October 2021 and the issue of the claim in June 2024. This two-and-a-half-year gap remains unexplained.
4.6 Had the documentation been disclosed at the appropriate time, I would have been able to better understand the basis of the claim and address the relevant facts in my Defence more effectively.

---

5. Alleged Attempts to Engage
5.1 The Claimant states that they attempted to engage with me via letters dated 31st October 2024, 5th December 2024, 6th January 2025, and 20th January 2025, inviting me to withdraw my Defence and submit a full admission with a payment proposal.
5.2 I recall receiving letters of this nature; however, I chose not to respond.
5.3 I had already filed a valid Defence and considered the matter to be within the Court’s remit. I contacted the Court 16^TH December 2024 and was informed that there was no obligation to respond to the Claimant’s correspondence while the matter remained stayed.
5.4 The Claimant’s letters did not address the core procedural concerns — such as the failure to disclose documents in a timely manner or to explain the significant periods of account inactivity.
5.5 I have fully complied with my obligations under the Civil Procedure Rules, and there was no requirement to engage in further correspondence following the stay.

---

6. Prejudice and Emotional Impact
6.1 The prolonged delay in progressing the claim and reactivation after a lengthy stay would cause me considerable emotional distress.
6.2 The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
6.3 I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
6.4 I reasonably believed the matter had come to a close due to the Claimant’s failure to act within the court’s specified timeframe.
6.5 Allowing the claim to be reinstated now would cause unnecessary prejudice and prolong the emotional strain caused by this drawn-out process. The late disclosure of documents and unexplained gaps in the account history have significantly impacted my ability to properly respond to the claim.

---

7. Conclusion
7.1 The Claimant failed to pursue the claim diligently, provided no adequate explanation for the six-month delay, and only disclosed essential documents after the claim had already been stayed.
7.2 The documents reveal further issues with the claim, including a substantial unexplained period of account inactivity and lack of evidence that proper notice of assignment was served.
7.3 I respectfully request that the Court refuses the Claimant’s application to lift the stay and considers whether the Claimant’s conduct has been so unreasonable as to warrant striking out the claim.

---

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _______________________

[name]

Dated:

[echat11]

Thank you. Here is the revised (again!) version.

COVER SHEET
IN THE CIVIL NATIONAL BUSINESS CENTRE

Claim No: L4HC8G28

Between:
LC Asset 2 S.A.R.L – Claimant
and
xxxxxx– Defendant

---

DOCUMENTS ENCLOSED

Date: 25^TH March 2025.
To Whom It May Concern,
Please find enclosed the following documents in relation to the above claim:

1. DEFENDANT'S WITNESS STATEMENT IN OPPOSITION TO LIFTING OF THE STAY in response to the Claimant’s N244 application dated 5th February 2025, and
2. COMPLETED FORM – N180. DIRECTIONS QUESTIONNAIRE

These documents are submitted in accordance with the court’s General Directions Order dated 19th March 2025.
If further information is required, please do not hesitate to contact me at the details below.
Kind regards,


[NAME
ADDRESS
CONTACT NUMBER
EMAIL ADDRESS]

Signed: _______________________
Date: _________________________







WITNESS STATEMENT OF [ Name] (DEFENDANT)
I, [Name] of [Address], make this statement in response to the Claimant’s application dated 5th February 2025 to lift the stay on the above claim. I make this statement from my own knowledge unless otherwise stated, and believe the facts contained herein to be true.

---

1. Introduction
1.1 I am the Defendant in this matter.
1.2 I oppose the Claimant’s application to lift the stay that has been in place since 27th August 2024.
1.3 The claim has been inactive for nearly six months, during which time I received no further directions or communications from the Court or the Claimant regarding progression of the case.

---

2. Background and Timeline
2.1 I received the claim from the Civil National Business Centre (Northampton County Court) on 27th June 2024.
2.2 I filed my Defence on 22nd July 2024 [EXHIBIT A]
2.3 I received a Notice of Acknowledgement of Defence, dated 22nd July 2024, which stated that the Claimant was required to notify the Court within 28 days if they intended to proceed.
2.4 No further contact or action occurred until I received a General Directions Order dated 19th March 2025, enclosing the Claimant’s N244 application dated 5th February 2025.
2.5 During this time, the claim was stayed due to the Claimant’s inaction.

---

3. Document Requests and Late Disclosure
3.1 On 5th July 2024, I sent a CPR 31.14 request to the Claimant’s solicitor (Kearns Solicitors), requesting disclosure of documents referred to in the Particulars of Claim — specifically the agreement, Default Notice, and Notice of Assignment. [EXIBIT B]
3.2 I also issued a Consumer Credit Act 1974 (CCA) request directly to the Claimant (LC Asset 2 S.A.R.L) on the same date, along with the required £1 statutory fee, as well as a Subject Access Request (SAR). [EXHIBIT C]
3.3 The Claimant did not respond to any of these requests prior to the stay.
3.4 The documentation was eventually provided in a letter dated 31st October 2024 — more than three months after my Defence was filed and over two months after the claim had been stayed.
3.5 This late disclosure hindered my ability to fully assess or respond to the claim at the appropriate stage. Notably, the documents revealed details that had not been apparent from the original Particulars of Claim.

---

4. Clarification on Payment History and Claim Details
4.1 The documents received on 31st October 2024 included a statement showing that payments were made towards the alleged debt via Moorcroft Debt Recovery up until 4th October 2021.
4.2 This information was not referenced in the original claim form and had not been communicated to me prior to October 2024.
4.3 After the last recorded payment in October 2021, there appears to be no further account activity for over two years until the debt was reassigned to Intrum UK Finance Ltd on 5th January 2023.
4.4 While the Particulars of Claim state that a Notice of Assignment was served shortly after the reassignment, I do not recall receiving such a notice.
4.5 I did not receive any communication or correspondence regarding this debt between October 2021 and the issue of the claim in June 2024. This two-and-a-half-year gap remains unexplained.
4.6 Had the documentation been disclosed at the appropriate time, I would have been able to better understand the basis of the claim and address the relevant facts in my Defence more effectively.

---

5. Alleged Attempts to Engage
5.1 The Claimant states that they attempted to engage with me via letters dated 31st October 2024, 5th December 2024, 6th January 2025, and 20th January 2025, inviting me to withdraw my Defence and submit a full admission with a payment proposal.
5.2 I recall receiving letters of this nature; however, I chose not to respond.
5.3 I had already filed a valid Defence and considered the matter to be within the Court’s remit. I contacted the Court 16^TH December 2024 and was informed that there was no obligation to respond to the Claimant’s correspondence while the matter remained stayed.
5.4 The Claimant’s letters did not address the core procedural concerns — such as the failure to disclose documents in a timely manner or to explain the significant periods of account inactivity.
5.5 I have fully complied with my obligations under the Civil Procedure Rules, and there was no requirement to engage in further correspondence following the stay.

---

6. Prejudice and Emotional Impact
6.1 The prolonged delay in progressing the claim and reactivation after a lengthy stay would cause me considerable emotional distress.
6.2 The uncertainty surrounding the unresolved litigation has been mentally taxing, particularly given the absence of meaningful communication from the Claimant during the stayed period.
6.3 I have acted reasonably and in good faith throughout the process, seeking documentation and clarity from the outset, only to be met with delay and vague correspondence.
6.4 I reasonably believed the matter had come to a close due to the Claimant’s failure to act within the court’s specified timeframe.
6.5 Allowing the claim to be reinstated now would cause unnecessary prejudice and prolong the emotional strain caused by this drawn-out process. The late disclosure of documents and unexplained gaps in the account history have significantly impacted my ability to properly respond to the claim.

---

7. Conclusion
7.1 The Claimant failed to pursue the claim diligently, provided no adequate explanation for the six-month delay, and only disclosed essential documents after the claim had already been stayed.
7.2 The documents reveal further issues with the claim, including a substantial unexplained period of account inactivity and lack of evidence that proper notice of assignment was served.
7.3 I respectfully request that the Court refuses the Claimant’s application to lift the stay and considers whether the Claimant’s conduct has been so unreasonable as to warrant striking out the claim.

---

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _______________________

[name]

Dated:

That's fine.

[Kanga86]

Thank you so much. Mediation is an option on the questionnaire so at least I can hopefully set up (another) plan without court action!

Thanks so much again for your help

[Kanga86]

I know I have to send a copy of the questionnaire to the claimants solicitors- do I also need to send them a copy of my witness statement?

[Pezza54]

Mediation is compulsory and not an option anymore on the small claims track

Practice Direction 23A
7.2 Where a respondent wishes to rely on evidence which has not yet been served they should serve it as soon as possible

[Kanga86]

Pezza54 Thank you so much

[Kanga86]

I have my mediation phone appointment 1st May. My request will be to resume payments as of the balance in 2021 as that is the last time I had any knowledge (via Moorcroft, evidently) of this debt. The next I knew about it was when court paperworK arrived in June 2024. Is this a reasonable request? It seems just under £2k of interest has been added on to a debt I was not aware of in the 3 year gap! I obviously don’t want to annoy anyone more, I just don’t know what’s reasonable anymore!

Thank you