Am I right in thinking that they have 28days to respond to naomi25s' initial defence which had to be in by 13th March?

If so, that would mean they have to respond by Saturday 14th?

What happens then? Does naomi25 have to do/confirm anything or notify anyone?

Am I right in thinking that they have 28days to respond to naomi25s' initial defence which had to be in by 13th March?

 

If so, that would mean they have to respond by Saturday 14th?

 

What happens then? Does naomi25 have to do/confirm anything or notify anyone?

They have 28 days to confirm to the court if they wish to move forward. If they dont, then it becomes stayed by the court. If this is still with the Bulk issuing centre, chances are they wont let you know in writing.

So if nothing has happened on the date it should have, then you will probably need to telephone the court to find out the status of the claim.

Other than that, Naomi wont need to do anything. Either side can request the stay be lifted. The claimant to move forward or the defendant to ask for a strike out/dismissal of the claim if warranted. However, I believe that it will need to be done on application (N244) and it will cost.. £40.00 without and £80.00 with a hearing.

Have sent the letter off today will just wait for a response now

Never fully got to grips with the dates on this tbh lol, last letter said they are awaiting a reply back from santander naomi called the court (thursday 12th rather than friday 13th lol) and was told they have until Wednesday 18th this week to respond.

In light of them checking back with Santander for a cca request. Once they find out that there was in fact a request done and not complied with , what would be there next expected decision?

Do they have to cease the current case as it shouldn't have begun after a non-compliance of a cca request? or is some other course of action to be expected?

If they comply with the CCA request then the claim can just proceed. The request prevents enforcement of the agreement which has been determined to not be issuing a claim.

Thanks asookn. An easy 'fix' for them then. I'll get naomi to look over past letters as I think that they will have acted inappropriately once it was pointed out to them as per OFT 5.4 'Guidance on sect. 77/78/79'.

Not really worth more than a brief mention at best I think though. Just enough to have a little prod at them on a legal basis that they have sailed close to the wind.

Rang the court yesterday, they havent had a response from CCM so its now stayed, i guess its just a waiting game now to see if they respond in the near future

Rang the court yesterday, they havent had a response from CCM so its now stayed, i guess its just a waiting game now to see if they respond in the near future

Sadly, waiting, is all you can do now. Other than to continue researching for anything that might help if it does go further.

Technically speaking there's nothing to stop you from applying to lift the stay and strike out the claim but it's probably best to let sleeping dogs lie.

have rang the courts and it is still stayed, they have advised that i can get it struck out at a cost. would it be worth doing or shall i leave it a while longer?

Leave 'stayed' or go for 'strike out'?

Don't forget you've seen another default on your credit file by CCM.

Someone will be along to advise you on which is more appropriate.

Bump

Any advice for naomi25 anyone?

This is stayed yes??

Yes it is BB. It was stayed in April.

last time naomi25 spoke to the court they had said she could apply for it to be struck out so was asking what to do.

What's the benefit of going for strike out as opposed wait and see?

I'm not sure, legal issues aren't really my thing, but someone will be able to help.

Striking out dispenses with the claim and ends the matter were as a stay indefinitely prolongs the matter until either party takes action.

Regards

Andy

Thanks andy. In your opinion would you suggest go for strike out or leave stayed?

It's been stayed since April.

AS

Thanks andy. In your opinion would you suggest go for strike out or leave stayed?

 

It's been stayed since April.

 

AS

That depends on the merits of your defence and your gut instinct as to how the Claimant will respond, obviously a SO is preferable to leaving it in limbo.

Andy

The defence has been one of their own construction tbh andy.

naomi25 had been trying to make payments when santander decided to default (bad one, by a day or two) while ignoring her attempts to make some kind of payment.

They then terminated the agreement (on the bad notice) while ignoring a request under s77 sent before termination.

They then sold the debt on while not complying to s77 and with bad DN uncorrected.

DCA issued claim then fail to answer embarrassed defence and respond to CPR 18.

All attempts to make any kind of payment have been ignored and it has, imo, been rushed to court.

AS

Update:

naomi25 received a letter which is basically going through their list of events. They also sent copies of some of the paperwork - will get scanned copies to put up over the weekend.

My impression is they are trying to cover their tracks. They have 'lost' the bill of sale in respect to the car but the interesting part to me is they go to some lengths to explain their name and changes. The claim was made by 'Close Credit Management' - no licence when proceedings began - as the company was bought by Bluestone in November 2011.

Close Credit was not licenced at the time of beginning proceedings either as a company in it's own right nor as a trading name under anyone else.

Here is their letter:

[ATTACH]38426[/ATTACH]

Will get other paperwork from naomi25 asap.

Any advice on this or what to do next would be great. naomi25 is going to call the court this afternoon to check that the case is currently still stayed and no application has been made to lift it at the moment.

Thanks

AS