Hi all,

Just an update (although there's little to update you on really). CCCS claimed to not have any of my information on file (they claimed they don't keep copies of the defaults regardless, which I find a little hard to believe). As it stands, i've not heard a peep from Arrow since last year, when they wrote to me saying their own litigation team would be taking over from Blake Lapthorn.

Am I destined to have my CCJ case stayed until the end of days? The debt itself becomes statute barred in May (according to their own incorrect default). Should I do anything?

The debt wont become Statute Barred as the claim stopped the clock......you can leave it stayed and wait for any further developments or you can make application to strike out their claim (using the CPR for grounds/reasoning)

Regards

Andy

Hi Andy,

Sorry I meant 'will disappear from my credit file', not statute barred. If it falls off of my credit report, it probably makes sense to leave it alone? Seems very unfair that I can put a defence in and that AG get all the time in the world to fight it.

If its not bothering you why poke the bear...the longer its left stayed the easier to strike out due to the length of inactivity.

Yes, quite right, let sleeping dogs lie if you can. If the case remains stayed for a very long time (a year or so) perhaps consider writing to the solicitors and agreeing for it to be struck out with no order as to costs or they risk you applying and seeking costs but, for now, try to relax.

Just got the update for your thread...... been a while

I'd agree with everything that's been said....... keep your head down, there are cases on here that have been stayed for 3 or more years and will probably never see the light of day again.

Is it just my pooter or did southernjessy turn into postggj [or vice versa]?

Hi Mike,

Has been a while, not sure where the year went to be honest!

Does the court not have a statutory amount of time for stayed cases? So if a case is stayed for a certain number of years it gets automatically thrown out, for example? The incorrect default won't matter in May - the account will drop from my record. I'm just concerned i'll end up with a CCJ down the line because i'll move home or something while Arrow try to pull a fast one...

It does seem that southernjessy has changed his identity..

No stat requirement for the court to dispose of the case that I'm aware of. I suppose there are arguments under limitation if the case is stayed to 6 years although the reality is that once you get beyond 2 or 3 years it will become increasingly difficult for the claimant to proceed as Northampton start shredding data at around the 2 year mark.

Hi,

Just a quick one related to another debt. Long story short, if i'm trying to figure out when a debt becomes stature barred, would the 6 year period begin when I issued my first CCA request, or when the CCA quest was defaulted by the creditor?

Neither ...its from when the breach occurred (defaulted) or last acknowledgment if no payments made.

Cheers Andy

- payments stopped when I issued a CCA at the end of Feb 2008 (the account is no longer on my credit report).

It's never been paid/acknowledged since

- I even got the ICO/FOS to slap the DCA (1st Credit) on the wrist back in 09.

Weirdly, they seem to think I must have forgotten about all of this

and they're sending frequent letters and texting my phone (I have no idea where they got my number,

the smart money is on either O2 or British Gas as far as i'm concerned - but that's for another day/thread).

I was trying to establish if - in my case - the statute barred date comes in when I issued the original CCA or when they defaulted on that CCA.

Either way it's SB in the next couple of months (you could never tell from their panicking).

If there is a claim already issued stayed or proceeding then the clock has already stopped.

" Either way it's SB in the next couple of months (you could never tell from their panicking)."

Hi Andy,

Sorry for the confusion - it's a different account than the one that went to court.

Cheers

D79

...just a DCA playing silly beggars knowing their time to harass me is rapidly running out.

Hi all,

Just an update. The Mint account no longer shows on my credit record, however the case is still on MCOL and has had no movement in the two years since I filed the defence. I've had no correspondence about the matter since the letter stating Blake Lapthorn are no longer dealing with the case and it went 'in house'.

I presume I just continue to leave it alone (sleeping dogs etc?).

Your presumption is correct.

Andy

Hello, it's been a long time. It took a while (until 2015) but the case did eventually just disappear from my MoneyClaim account never to be heard from again. I did feel BL snd Arrow had a lot of leeway - the case should have been removed long before.

Couldn't have done it without the help of everyone on here, so you all have my eternal gratitude.

Many thanks for the update danson.

Regards

Andy