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Application for stay applied to be lifted

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  • Application for stay applied to be lifted

    Hi, I have been called to a hearing for an application of stay to be listed. Mortimer Clark solicitors/ Cabot applied to take me to court in 2022. A friend of a friend helped me and at
    the time (lost contact) we disputed the case and asked for an array of documents. I never heard any further and naively thought it had been thrown out. Can anyone help with what will happen at this hearing, advise what I can do?
    The original debt dates back to 2008 but token payments were made upto 2017..
    Tags: None

  • #2
    Hi
    Welcome to LB

    There is a similar ongoing case started by Beaglepup in 2023 that has resurfaced after the claimant recently made an application notice to lift the stay after 18 months
    If you search using Beaglepup in the top right corner of this page you should find the thread
    Under this thread advice has been provided regarding the defendant's witness statement for the application notice hearing and the test of appropriateness the judge should apply after the claim being stayed for such a long time (post 28 in the thread)
    Last edited by Pezza54; 8th February 2025, 09:58:AM.

    Comment


    • #3
      Please read CPR 15.11 (2) The application must include an explanation for the delay in proceedings. Has the claimant given a good reason for the delay?

      Comment

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