Claim stayed but still being threatened

[Ree]

June 2015 a claim made against me by Cabot was stayed by the court, because they couldn't produce the documents to prove the debt was mine. I haven't heard anything since from the court, Cabot or Mortimer Clarke, Cabot's solicitors. However today I received 2 letters from Mortimer Clarke, offering me a 50% reduced settlement and threatening me with further court action if I don't agree. They still haven't produced the documents they mentioned on the court claims form. I was under the impression that they couldn't take any further action against me unless they applied to a judge for the order lifting the stay. Please can someone advise what I need to do next. Thanks

[R0b]

Re: Claim stayed but still being threatened

I've tagged [MENTION=55034]nemesis45[/MENTION]

Have you sent an official CCA request for the documents or have just asked for the documents in a letter?

If the claim has been stayed for over a year now you may wish to think about an application to the court for striking out and dismissing the claim. When a claim is stayed the limitation clock stops and you will have lost 12 months on that clock already if its not already statute barred. It also gives Cabot the time in the world to get the documents.

The above is just a suggestion but there have been people similar to your situation where the claim continues after Cabot finally manage to have a copy of the agreement and terms so long after the claim was originally issued.

I'm sure Nemesis will advise further.

[nemesis45]

Re: Claim stayed but still being threatened

Hi,

It doesn't stop them chasing a debt which at present is unenforceable via the courts, the alleged debt still exists.
Yes Carboot has to apply to the court and pay the fee to lift the stay.
I would remind them of the facts i.e. the claim is stayed, and no application to lift has been made, they are still in breach of your CCA request.
You could tell them that as Cabot has no reasonable prospect of enforcing the debt Mortimer Clarke should advise it's client to discontinue the claim.

nem

[Ree]

Re: Claim stayed but still being threatened

It was an official CCA request that I sent. The so called debt would have become statute barred October 2015. I don't know if that makes any difference.

[R0b]

Re: Claim stayed but still being threatened

It was an official CCA request that I sent. The so called debt would have become statute barred October 2015. I don't know if that makes any difference.

It would have made a difference if the claim was struck out at an earlier stage, because even though October has come and gone, the limitation period would not have expired because of the claim being stayed. Therefore if the claim is dismissed or struck out, then you will still need to wait another 5/6 months when the clock runs again before it becomes statute barred.

Application for strike comes at a cost, but at least you know its struck out with the potential for it to become staute barred and no other creditor being able to enforce the debt through the courts.

In addition to Nem's advice you could perhaps try the free way first and write to the court explaining that the claim has been stayed for 12 months now and the Claimant has not produced and ask the court to give an unless order for them to supply the documents or it will be struck out/dismissed.

[Guest]

Re: Claim stayed but still being threatened

June 2015 a claim made against me by Cabot was stayed by the court, because they couldn't produce the documents to prove the debt was mine.

What exactly happened here? Did you submit a defence and Cabot never replied to it saying they wished to continue, leaving the case stayed? Or did the case progress further and the court ordered them to produce the documents by a certain date and they didn't?

I haven't heard anything since from the court, Cabot or Mortimer Clarke, Cabot's solicitors. However today I received 2 letters from Mortimer Clarke, offering me a 50% reduced settlement and threatening me with further court action if I don't agree. They still haven't produced the documents they mentioned on the court claims form. I was under the impression that they couldn't take any further action against me unless they applied to a judge for the order lifting the stay. Please can someone advise what I need to do next. Thanks

Sounds like a template letter they send to everyone, regardless of whether they've been taken to court or not. No further action is possible unless the stay is lifted.

It was an official CCA request that I sent. The so called debt would have become statute barred October 2015. I don't know if that makes any difference.

The claim was issued before the debt was SBd so the clock stopped at that point. All the time the claim has been stayed does not count.

[MIKE770]

Re: Claim stayed but still being threatened

if claim get struck out or discontinued then SB continues as if no brake put on it!

[Ree]

Re: Claim stayed but still being threatened

This is what the letter from the court said:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a co[y of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

The was dated the 24th June 2015

[R0b]

Re: Claim stayed but still being threatened

Hi Ree,

Judging from that then your only option would be make an application for strike out. It's going to cost you but for the sake of not having this hanging over your head will be worth it.
Whether you want to do that is your choice or you can just continue as normal and hope nothing ever comes of it.

[Ree]

Re: Claim stayed but still being threatened

Could I claim the cost back from Cabot if I get the claim struck out?

[nemesis45]

Re: Claim stayed but still being threatened

This is what the letter from the court said:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a co[y of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

The was dated the 24th June 2015

Standard procedure and letter.

Please note that if the court stays the claim you will not be informed so keep a check on the days and if you don't here anything then phone the court to check on the status of the claim.

nem

[R0b]

Re: Claim stayed but still being threatened

Could I claim the cost back from Cabot if I get the claim struck out?

If the claim is struck out you should be entitled to costs of the application yes