Thread: Question regarding documentation and stays

Hi all,

Firstly, apologies in advance. I have scoured the site but cannot see an answer to my questions. If it is somewhere, I cannot see it.

My wife is in the process of claiming her charges back from Barclays. She has been given a court date and has deleivered her court bundle.

My first question:

She did not recieve any documents from the bank in their defence. Can she ask for the case to go in her favour by default?

Secondly:

She has just been written to by the court informing her that her case has been stayed. What are her options now? Should she try to get the stay removed, ask the court to find in her favour by default (due to my point in question one), or just wait and see what happens (all the time clocking up interest on the claim).

Thanks in advance

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Wildkard, do you mean the Court has filed a defence but that there were no documents accompanying it? That would not entitle you to a default judgment. If they have not filed a bundle, they may be in breach of the Order (did your wife get an order requiring each party to file a bundle?). If the Court, after receiving your wife's bundle, but nothing from teh bank, ordered the stay of its own volition, your wife should also have been given 7 days to ask for it to be set aside. I would suggest she write saying she would have opposed any request for a stay if the bank had made one, and they have not indicated any real intention to defend the claim ie did not file a bundle when supposed to. Ask for the stay to be set aside and see what the bank say. It is disgusting that they are getting stays without lifting a finger just because some judges want the work off their desk. good luck

Thanks for your reply.

Yes, my wife got an order requiring each party to provide a bundle. She sent hers to the court and the bank, she did not receive anything from the bank (even though she should've done).

I think I'll do exactly as you say, thanks.