Joint account, claim issued, Help.

[questioning]

Bless you Andy,

You're quite correct, my mind is on overdraft, whoops meant to say overdrive, LOL. your last post clarifies everything.

I know i have thanked you many times already, but 'the thanks' in this post is for staying with me through out, not getting annoyed with me, supporting me all the time.

Explaining what I don't understand, not minding when i go and write my own defence after you have spent your time preparing a better one, ( I'll blame the lawyer for that ;-))

and NOT being an intellectual snob,

I don't drink alcohol, but tonight instead of reading the forum and posting, I think I will relax with a nice cup of fresh coffee and perhaps watch a film.

Mr. Q thanks you too, of course.

I bet you're relieved too that this hurdle has finally been jumped, this wasn't an easy thread to answer,

Bye for now Mr & Mrs Q.

 

Oh, Hang on, just one more question....

Edited March 27, 2009 by questioning

[AndyOrch]

Thanks Q and regards to Mr Q yes you oops!!! i ment it has certaintly been hard work, my posting problems didnt help either but we got there in the end.

 

When one is faced with this situation you are in you are naturally thrown into free fall panic which is understandable. Providing you proceed and act correctly the mist begins to clear, for every problem their is a logical explanation.The secret is not to panic and deal with the matter rationally.

 

 

Oh, Hang on, just one more question.... I will give you a thump if you dont switch that PC off, no doubt we will resume are chats again in the near future

 

 

Kind Regards

Andy

Edited July 19, 2008 by Andyorch

[citizenB]

 

 

Oh, Hang on, just one more question.... I will give you a thump if you dont switch that PC off, no doubt we will resume are chats again in the near future

 

 

Kind Regards

Andy

 

 

:grin::grin: I am pleased you got it sorted and sent Q. Now RELAX.

[AndyOrch]

Thanks too you also CB

 

For keeping the thread going and assisting Q

 

 

Regards

Andy;)

[questioning]

Hi,

Update

i received a short letter from the court acknowledging my defence and saying that they have passed a copy of it to solicitors and they have 28 days to respond after they receive it. same for MR Q.

This was dated 21st July.

 

I have not heard a thing form sols. or the court.

i have not had any response to my CCA request letter which I sent to hsbc regarding the loan element of the court claim.

[citizenB]

Hi,

Update

i received a short letter from the court acknowledging my defence and saying that they have passed a copy of it to solicitors and they have 28 days to respond after they receive it. same for MR Q.

This was dated 21st July.

 

I have not heard a thing form sols. or the court.

i have not had any response to my CCA request letter which I sent to hsbc regarding the loan element of the court claim.

 

 

So they should have responded by the 18th August !!!

[questioning]

Hi CB,

I think they might have 32 days to allow for postage, 32 days is today.

 

The letter says, " where the claiment wishes to proceed, he must contact the the court within 28 days after receiving a copy of your defence. After that period has elaspsed, the claim will be stayed. The only action the claiment can then take will be to apply to the judge for an order lifting the stay." ( I know they have to pay to do this but reading on here they don't seem to need much of a reason)

The letter also says that a copy of defence is being served on the claiment. It doesn't say what date they are serving the defence, I have taken it that they mean on the 21st july which is the date of their letter. The post mark on their letter is 25th july, so 28 days from the postmark is up today.

 

"whatever" IMO they have had plenty of time to respond.

They bought the case against us so i wonder why they are taking so long to respond.

I would assume as its still original creditor that they would be able to locate any paper work they needed. They certainly have taken a long while to produce a credit agreement.

 

Ps CB, I haven't forgotten that I need to rewrite the PM. just been busy with school hols.

Edited August 22, 2008 by questioning
post seems to be doing strange things when i edited it. LOL

[citizenB]

Hi CB,

I think they might have 32 days to allow for postage, 32 days is today.

 

The letter says, " where the claiment wishes to proceed, he must contact the the court within 28 days after receiving a copy of your defence. After that period has elaspsed, the claim will be stayed. The only action the claiment can then take will be to apply to the judge for an order lifting the stay." ( I know they have to pay to do this but reading on here they don't seem to need much of a reason)

The letter also says that a copy of defence is being served on the claiment. It doesn't say what date they are serving the defence, I have taken it that they mean on the 21st july which is the date of their letter. The post mark on their letter is 25th july, so 28 days from the postmark is up today.

 

"whatever" IMO they have had plenty of time to respond.

They bought the case against us so i wonder why they are taking so long to respond.

I would assume as its still original creditor that they would be able to locate any paper work they needed. They certainly have taken a long while to produce a credit agreement.

 

Ps CB, I haven't forgotten that I need to rewrite the PM. just been busy with school hols.

 

 

Aha, I didnt realise they had extra days. SO what strange things are happening when you edit your post

[questioning]

Aha, I didn't realise they had extra days. SO what strange things are happening when you edit your post

 

Well I'm not actually sure if they have extra days for posing or not.

Its something I thought of after my update, I either read it or imagined it. :-?

 

Well when I edited my post it took ages to save it and then the last few lines of my text were missing.

Spooky, never happened before.

Hope u got your PC sorted out.

[AndyOrch]

Hi Q

28 consecutive days then goes to stay

 

As predicted

 

 

Hope you are both well BTW

 

 

Regards

 

Andy;)

[questioning]

Hi Andy,

We are all fine thanks. Hope you are well.

I couldn't have got this far with out you. you are a kind man.

That goes for citizen B too, who is always around to lend support and advice and not forgetting 42man, eagle eyes!

 

Now you didn't think you were going to get away with only one Q to answer, hehehe.

 

I posted what the little letter said from the court.

Not really that clear where it says, Claimant must contact the court with in 28 days after receiving a copy of your defence. They could of added "which was posted today"

They served the defence the day they received it. Thats efficient of them!

As we know the first letter from court always says the c might contact you to try and resolve the matter. Well my question is Andy, Can they or rather are they allowed to contact you once the claim is stayed?

[AndyOrch]

Hi Q

 

Life wouldnt be the same without one of your questions:)

A stay delays proceedings for a period of time, which is generally a timescale determined by the Court. Of course an individual can politely request that the case is stayed for ??? weeks/months/yrs-last bit only joking! However should the stay exceed more than 6 months then the claimant would have great difficuilty in reviving said claim.Up to this point the claimant would have to pay to revive the claim.

With regards to your Q well yes its acceptable during the 28 and after for them to contact you but of course one would have already submitted your AN ( N244)to have the claim struck out.

 

I trust the above is of help Q

 

Regards Andy;)

[citizenB]

:-?

 

Well when I edited my post it took ages to save it and then the last few lines of my text were missing.

Spooky, never happened before.

Hope u got your PC sorted out.

 

Hmph.. I started to reply earlier on today and the computer just fizzed out. Seems to be working ok now though.

 

Thank you andy.. I am well. Hope you are as well.

[questioning]

I phoned the court to make sure this claim had in fact been stayed (didn't want any unexpected surprises coming my way)

Court confirmed DG's didn't respond at all so the case is stayed.

To lift the stay they would need permission from a judge and pay a fee, only 40 quid, shame that, I had read on here it was near £200.

Anyway, I'm glad I phoned as I was under the impression that the court wrote to you to let you know it had been stayed, but they don't.

 

I initially did the spreadsheet (the simple one) to see work out what charges had been placed on the account (thanks DG's for sending all our statements so quickly to enable me to do so, oh and at no cost to me)

I'm now going to do the advanced spread sheet, I think I've worked out how to do it now.

As for the loan element of the claim, well no agreement has arrived, not even a Thank you letter saying they were hunting for it

Just thought I'd update this thread to let any one reading it know its a definite stay.

[JonCris]

The court is supposed to let you know the case is stayed otherwise you will have people turning up for now't

[citizenB]

That is good news of a sorts then Q. Good luck with your spread sheet.

[questioning]

Hi CB,

yes it is good, CB, I'll have to have a think about a few issues here. Still no CCA for loan, that element of the claim is only about £800,

Theres an argument here,....

 

If they did come up with an agreement (especially if its lacking something,) The argument could be that " they advanced us money, what we repaid, (nearly 8 grand) exceeds what they advanced. The remaining £800 is interest, Considering the time that has passed since default, and the fact they haven't contacted us about it we could argue they have had there money."

The overdraft debt has accured from bank charges, so a counter claim is best.

Edited April 18, 2009 by questioning

[citizenB]

Hi Q, once you have it sussed out.. Can you please let me know. I really have tried to understand it but it is beyond my understanding.

[questioning]

Does anyone know if there's a time limit put on a stay? please

[JonCris]

If nothing is originally specified by the court a stay remains in place until an application is made to lift it

[questioning]

If nothing is originally specified by the court a stay remains in place until an application is made to lift it

 

Thanks,

Edited March 21, 2009 by questioning
spelling

[questioning]

If I did an applictaion to have this claim struck out It's going to cost £150.00

Is that recoverable from claiment if successful? and If the claim was struck out after an application to the court, could I then put in a claim to reclaim the penalty charges from this account.?

Edited March 21, 2009 by questioning

[AndyOrch]

If I did an applictaion to have this claim struck out It's going to cost £150.00

Is that recoverable from claiment (I was thinking wasted costs?) if I applied and the case was struck out? Yes

 

Sorry should have added, If the claim was struck out after an application to the court, could I then put in a claim to reclaim the penalty charges from this account.?

No Q you cant have your cake and eat it

Regards

Andy:cool:

[questioning]

No Q you cant have your cake and eat it

 

Regards

 

Andy:cool:

Hi Andy, thanks, I had a feeling that might be the answer.

 

Well thats not fair, IMO, I like to have cake and to eat it.

[AndyOrch]

you make me laugh:D