legallystressed
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In July of this year I moved address and notified the council tax department accordingly. I own the property I moved from but informed them that I was living elsewhere in the UK. Over a month later, I received an email from somebody withing the department, asking for further information which I replied to the day after. On 11th October, I received a reply saying that a summons had been issued but would be withdrawn as all the correspondence had been sent to the old address and that a revised bill should be received at my new address in the next few days. I then get a summons sent to the new address (before receiving a new bill) which they now will not withdraw! Which defence do I use? The one that seems to apply on the back of the summons is 'the amount has not been asked for in the way set out by law' but I can't find any details of this. I would really appreciate some help as the court hearing is for 9th November and also, can I request for the hearing to be at a local court to where I live now? Many thanks
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Hi, I am in the exact same situation with BG. who didn't send me a final bill when I changed provider, collection agency assured me no action would be taken until a full investigation had taken place and yet, 2 years after the event and without notice, they stick a marker on my credit file. The energy ombudsman also found in their favour. I am contemplating complaining to the financial ombudsman and so I'm trying to gather as much info on legislation as possible in order to make a decision on this. I am also going to send BG an offer letter of full payment if they agree to remove the marker but I'm not holding my breath!
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Yes, thanks it makes sense and it makes me feel a little better but still wish it was time barred so not hanging over my head for it to be lifted when I least expect it to be! But in any case, thanks for your help
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Thanks Andy, so does that mean this debt is statute barred now then as it is over six years since I paid anything to it and it has been stayed for a year?
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I worry because this debt would have reached it's sixth year now so would have been statute barred but I have read (don't know if it's true) that time is now frozen whilst this is stayed so whilst there could be a chance the stay is lifted as oppose to it becoming statute barred
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But I am worried DX, constantly nagging at the back of my mind that any day they could apply to have the stay lifted. How can they get away with this? There should be a specific period of time the stay can remain and then automatically struck out
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It's now over a year since I heard anything regarding this and the claim is still 'stayed'. What should I do now, can anybody advise? I really don't want this hanging over my head indefinitely. Has anybody ever started an online petition to stop this practice as I can't see anything on this site to suggest it has?
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Thank you Thank you so much for the quick reply
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Hi, I currently have a similar claim from these jokers which has just been stayed due to them not coming up with the goods! They have recently written to me asking me to send an income and expenditure form. Just wondered if they did the same with you and how do you get a discontinuance from them? Hoping you can help Hi, claim has been stayed due to no response from Arrow. I have not yet received any paperwork from Blake Lapthorn but recently received this letter. Can somebody please advise if I should ignore it or reply and if relying, what do I say? I am not prepared to complete the expenditure form btw as I do not want to give them ANY information about me and I don't want to enter into any arrangement with them if they do not have any evidence that I owe anything. Any help would be appreciated
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Hi everyone, The solicitors agreed to an extension for me to file a defence and that time is now here. I would be so grateful if somebody could please advise on my draft defence? The extension was to 18th August but I really would like to get this in today as it's unlikely now that I will get any documents from them. Many many thanks
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Hi everyone, nothing in the post this morning from the solicitors so unlikely now that I will receive anything. I believe I now have 2 options. Make an application under non compliance with cpr request which I have been told could involve costs however, I have since been advised that I could apply for a remission of fees due to personal circumstances OR, I could put in a defence which has to be done by Friday. Any advice would be welcome with pro's & con's to both routes if poss please so I can understand the process better.
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I heard back from the solicitors yesterday: I can confirm that we are in receipt of your letter dated 23rd June 2014. We are currently seeking our client's instructions regarding your CPR Parts 15.5 and 31.14 requests and will revert to you as soon as possible. In the meantime, as you have filed an Acknowledgment of Service in this matter, please note that we are not able to proceed with the claim and enter Judgment against you until 21st July 2014 in any event. We will aim to update you further by 5pm on Wednesday 16th July 2014.
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ok thanks, but wont that allow the possibility of the claim being 'stayed'. I don't want this hanging over my head for evermore!!!!! Also, I've read that the N244 fee is £40.00
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Oh right, sorry. So back to my original question then, do you suggest my sending an embarrased (holding) defence or an n244 which I believe is an unless order
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Did I mention an application? just looked over my reply and I can't see that. As far as I can gather, the n244 gives an order to the Claimant to produce documents requested in the CPR by a certain date or the claim is struck out or have I got this completely wrong?
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