** DISCONTINUED ** Need some advice regarding an old debt!!

[abundancexx]

Re: Need some advice regarding an old debt!!

Thank you Mike770 for your advice

[charitynjw]

Re: Need some advice regarding an old debt!!

From a commercial point of view they will know that what has been sent is non-compliant & in all likelihood it is statute barred.

So looking at it from their pov, are they going to spend a further £255 to lift the stay?

Obviously one can't say for certain, but I'd go with [MENTION=3599]MIKE770[/MENTION] & sit tight.

[abundancexx]

Re: Need some advice regarding an old debt!!

Hi Charitynjw,

Thanks for replying

What do you mean by non compliant ? Sorry I'm a bit of novice in this department 😩

[charitynjw]

Re: Need some advice regarding an old debt!!

To comply with a CCA request they need to send a copy or an accurately reconstituted version of the agreement, the complete T&Cs applicable at the time the agreement was made, any subsequent variations & a statement of the account.
Plus any other documents mentioned in the agreement (Eg PPI).
As far as I can see, they have not done so, & therefore haven't complied with the request.
& that is before 'running forensics' over the agreement which they have sent.

[abundancexx]

Re: Need some advice regarding an old debt!!

Thank you Charitynjw for explaining, I'll sit tight and see what happens

[pt2537]

Re: Need some advice regarding an old debt!!

https://consumercreditlitigationanddebtcollection.wordpres s.com/2017/06/01/what-a-day-pra-lowells-and-hoist/

Have a read of that post, you may want to think about how long you let the claim remain stayed.

[Diana M]

Re: Need some advice regarding an old debt!!

Thank you Charitynjw for explaining, I'll sit tight and see what happens

they can apply to lift the stay and state they wish to continue, regardless , it would be to the next stage of proceedings, no specific document to rely on at that stage, meantime it is up to them if they continue or not, stayed is just that - parked up, longer the better

I agree with both Charity and Mike770.

The sum in dispute is not-a-lot in the grand scheme of things (£918).

As has been said the longer it remains stayed the harder it will be for Shoosmiths to convince the court why they haven't taken action to lift the stay sooner.

From what you've said they've produced all the cards which they are holding.

It's first to blink time.

If you want to make an application to strike out their claim it will cost you.

I would expect Shoosmiths to contest your application which could cost you even more if you're not successful in your application. There would then be a hearing. Do you want that?

Di

[pt2537]

Re: Need some advice regarding an old debt!!

I agree with both Charity and Mike770.

The sum in dispute is not-a-lot in the grand scheme of things (£918).

As has been said the longer it remains stayed the harder it will be for Shoosmiths to convince the court why they haven't taken action to lift the stay sooner.

From what you've said they produced all the cards which they are holding.

It's first to blink time.

If you want to make an application to strike out their claim it will cost you.

I would expect Shoosmiths to contest your application which could cost you even more if you're not successful in your application. There would then be a hearing. Do you want that?

Di

Well, youve got laches to ponder firstly, then of course theres plenty of case law on delay and parking proceedings, so im not so sure its as shakey as seems to be suggested.

Of course the other option is the sword of Damocles

[abundancexx]

Re: Need some advice regarding an old debt!!

Hi pt2537, thank you for getting in touch and for sending over the links. Unfortunately the first link you provided I can't seem to access.

In regards to you mentioning, thinking about how long I let the claim remain stay, can you please tell me what my options are? As I really don't have a clue how these things work, any advice will be much appreciated.

[abundancexx]

Re: Need some advice regarding an old debt!!

Hi Diana M, thank you for your response.

How much roughly does it cost to apply to get it struck out?

Also in regards to the CCA request I sent the solicitors, what may be the reason why they haven't complied fully with the request ?

- - - Updated - - -

Do you think it's worth writing to the solicitors asking why they have not complied fully with the CCA request

[Diana M]

Re: Need some advice regarding an old debt!!

Hi Diana M, thank you for your response.

Do you think it's worth writing to the solicitors asking why they have not complied fully with the CCA request

I wouldn't, unless you want to provoke and encourage them to comply with your CCA Request

Di

[abundancexx]

Re: Need some advice regarding an old debt!!

Ok Thank you for your response Diana M

[MIKE770]

Re: Need some advice regarding an old debt!!

non compliance of CCA request is their problem, you do not remind them of the fact (shows you are weak,) the ball is in their court, too early to apply for a strike out, sit back and see if anything happens for now. move too early and it could make them work harder to complete their task!

[abundancexx]

Re: Need some advice regarding an old debt!!

Your right Mike770, thank you ��

[warwick65]

Re: Need some advice regarding an old debt!!

Hi

I can't remember where it was ( on here somewhere) but someone applied to have a claim struck out ( rather quickly I think) and the claimant opposed it and were allowed time to produce the document

Based on the above I would not be applying for a strike out yet as it is only a matter of months

Also , unless you are qualify for fee remission there is a fee to apply for a strike out which the claimant might accept as a full and final settlement although I would not do anything at the moment