Is There A Time Limit For Lifting Stays

[Bernie259]

MY QUESTION IS CAN THE COURT LIFT A STAY AFTER 12 MONTHS? (IN THIS CASE ITS MORE LIKE 19 MONTHS)

Hi, I really would like some urgent advice on this. Cabot have been houding us for years, I am disabled and my wife is acting for me in a claim they have brought for three old credit card debts that were in dispute with the OC and were subject to a complaint of irresponsible lending. In May 2009 three days into a 1 month notice they issued a claim in the Northampton court hoping to get a default judgment, however, with the help of online support we managed to file a holding defence asking them to prove everything, i.e. agreements, defaults, assignments, charges etc, they did not respond to the defence so the claim was stayed, then out of the blue some 19 months later with no warning we got a notice saying the stay had been lifted, simply because they had forgot, they have been a joke from the start, even the claim form is not signed, I dont believe they even own the accounts. We made an application to have it set aside and struck out giving our reasons, my wife attended the hearing and the judge adjourned it for 8 weeks, he ordered us to file and serve a statement setting out the prejidice sufferd by their delays etc and for them to respond to that, also an order for them to produce all three agreements. The jugde said he thought there was a 12 month rule on lifting stays, I feel he was giving us a pointer as we have no solicitor, If I can prove this in a rule or case law then we can have their claim struck out. I would very much appreciate any advice anyone can give us.

Thank you
Bernie

[Differentjudge]

Re: Is There A Time Limit For Lifting Stays

bump

[Guest]

Re: Is There A Time Limit For Lifting Stays

Look at CPR 3, which deals with the court's case management powers. Take a look at CPR 3.9 in particular.

Your post does not make clear on what grounds the stay was lifted, why did the court grant Cabot this?

In general, before a stay can be lifted the Claimant has to satisfy the court that, on the balance of probabilities his claim appears to be better than arguable and that the application to lift the stay was made promptly. In addtion, the court should consider the effect that lifting the stay would have upon each party, including the cost and inconvenience to the Defendant of having to deal with a claim after so long, in particular since you have not seen any further evidence that the claim is any more valid now than it was nineteen months ago.