nope

Is there any way for friend to get this thrown out court? Rather than just autostayed?

Its not " In court " if its stayed.....only when the stay lifted and proceeds to allocation and given a trial date.

update

Arrow have rewritten. They still have NOT got any docs from M&S and remind friend that his account remains on hold until they do....

;-)

Such a shame friend can't get the Claim thrown out.

not at this stage

update

Arrow have rewritten. They still have NOT got any docs from M&S and remind friend that his account remains on hold until they do....

;-)

Such a shame friend can't get the Claim thrown out.

Nothing to " throw out " its a stayed claim

Little update

Dca sent a letter couple weeks ago stating that they are still waiting for the original Docs from M&S.

They can't continue with their Claim until they produce these docs.

Meanwhile Court just sent a letter.

The Defence was done on-line last summer by friend.

The court letter, 8 months later, states that the Defence is invalid cos it hasn't been signed by the Defendant!

They suggest instead a 3rd party signed it.

The interesting thing is that the Claimant (arrow) misspelled the Defendant's name on their claim.

Plus friend uses a shortened version on a day to day basis.

Both dca and court are saying that friend who responded to their Claim, filled in the on-line forms and who has written letters using the shortened version of name - and had replies from dca - is not the Defendant but a 3rd party.

Perhaps dca can't get Docs from M&S, know their Claim is SB and are now trying a different tactic to get Judgment??

Friend has a week to respond to court

- or they say Claimant may get Judgment cos the real Defendant hasn't replied!!

Not sure how friend should respond??

Any ideas?

simply write to the court explaining as above.

print type correct name

and sign it too

Update:

Shoos wrote saying they were not going to give up and would pursue...

However, dca wrote saying they could not find the original paperwork and were not going to be pursuing the 'alleged' outstanding debt; thus case 'stayed'... (was sb/ unenforceable anyway, they just hoped we'd give up/ go away/ miss their deadlines etc)

So - it seems that on behalf of friend that this is 'won'.... yay

Just to draw a line under this for friend - should we write to court with copy of dca letter and request it is formally stayed or even thrown out?

you cant

Ok Thanks.

Should this be moved to 'won'? Or not quite yet?

its stayed till they find the docs they need