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Count Court Claim received MBNA\Optima


vint1954
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Hi Vint - just catching up - everythig was manic for me last week - defence now in - keeping watch on yours

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

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Hi Vint - just catching up - everythig was manic for me last week - defence now in - keeping watch on yours

Excelent LB, keep an eye on the dates and do lots of reading. Fix your case in your mind. They have 4 weeks to respond to the court, then the claim is stayed.

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sorry guys, a few of you will be receiving CAGbots.

 

Langster, I have had to unapprove two of your posts. Please be a bit more careful in the way you post. Whilst you have not blantantly identified an individual, if they were looking in then they may recognise themselves. :rolleyes:

 

Thank you for understanding.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Although I have seen CAGbot mentioned on threads, what exactly does it mean?

 

Means your inbox will start to fill up with unapproved post notifiers - sometimes posts could be construed as problematic for the forum if they appear to libel or defame a third person, spelling is another one thats often the subject of Cagbooooot - careful how you spell account after a beer or 6 :D

 

Gez

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vint

do the court write and tell you the claim is stayed or is it automatic after 4 weeks?

 

What exactly does it mean when a claim is stayed?

My Posts exist exclusively to assist me in preparing litigation against another party.

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What exactly does it mean when a claim is stayed?

 

It means all proceedings are suspended, usually whilst awaiting some information, action by those involved or third party. In this case it would probably be stayed for a limited period to give Optima more time to think about whether they want to proceed & get the right paperwork into court. LIPs don't usually get awarded that privilege :mad:

However you can apply to have the stay lifted & the case proceed in the normal time span & if you can present a good enough reason for so doing, it may be granted. In practice, it's normal to go with the stay & then get the guns firing again after.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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vint

do the court write and tell you the claim is stayed or is it automatic after 4 weeks?

Not sure shakti, I will try and find out.

 

The letter that comes from the court after fileing your defence says that the Claimant has 28 days to respond, or the case will be stayed. Then goes on to say that the only way that the case cane be reopened, is if the Claimant applies to the court.

 

vint

do the court write and tell you the claim is stayed or is it automatic after 4 weeks?

Not sure shakti, I will try and find out.

 

The letter that comes from the court after fileing your defence says that the Claimant has 28 days to respond, or the case will be stayed. Then goes on to say that the only way that the case cane be reopened, is if the Claimant applies to the court.

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duplicated posts
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The court may order a limited stay after which the claim will be struck out. If it doesn't do so, you could apply to have the stay lifted & the claim struck out or apply for summary judgment on the basis that the claimant has no case to proceed.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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The court may order a limited stay after which the claim will be struck out. If it doesn't do so, you could apply to have the stay lifted & the claim struck out or apply for summary judgment on the basis that the claimant has no case to proceed.

Thanks for the update foolishgirl.

 

Does that have to be done under N244 or can it be done without cost.

 

Vint

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If the stay goes on & on, you could have a word with the court & ask if they can put it under a friendly DJ's nose to assess but the N244 route is more certain as it then MUST be dealt with so costs I'm afraid.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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VInt, just in case you get CAGbotted.. I merged a post that had been duplicated.

 

Langster, I have pm'd you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They replied to the defence to me, not to the court.

 

This could be a ruse - if they don't submit to court, it's not valid. Take care.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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This could be a ruse - if they don't submit to court, it's not valid. Take care.

 

 

Hmm could be a pressure tactic or a mistake or simply that the courts havent opened all their post and sorted yet.

 

Would give it a couple of days and ring the court to check.

 

S.

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This could be a ruse - if they don't submit to court, it's not valid. Take care.

Yes, I refused to answer their reply. They insisted on a full defence, even though they had not supplied the documents needed and on me proving this and that? I reminded them who was the Claimant and who was the defendant.

 

This was over 2 weeks back. Heard nothing since.

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Hmm could be a pressure tactic or a mistake or simply that the courts havent opened all their post and sorted yet.

 

Would give it a couple of days and ring the court to check.

 

S.

Yes shadow, I did give it over a week. I will check again with the courts as their 28 days are up.

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Yes shadow, I did give it over a week. I will check again with the courts as their 28 days are up.

 

I've just read the posts above and imvho it was clearly a pressure tactic to get you to disclose your defence and then they would have decided on whether to go for summary judgment or not.

 

slippery as eels :-(

 

Well read vint! :-)

 

S.

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