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A Money Claim Against Me Has been Automatically Stayed by the Court -What happens Now?

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Hi there- to anyone who can help me in a very frustrating situation.

I am the defendant of a case brought against me by a company who is representing a creditor - to the sum of aprox £3000

The case details are very vague against me to which there were not specific details at all that i could relate to or remember as i have a few very old debts from over 5 years ago that i have had no correspondence with. Before i submitted my defense I sent several letters to the claimant requesting specific details of the account in question so i could identify what debt the claim related to but the claimant did not respond whatsoever. My defense to the court was that the claim was vague and did not specify any specific details relating to me or even an account number and due to no response by the claimant i asked that the case be throw out.

 

My defense was submitted to the claimant - to which the claimant did not reply within the allotted time frame by the court and so the court automatically STAYED the case.

 

It has now been many weeks later - the case is still Stayed and i have recently/ finally received a letter from the claimant saying that - "They are currently in the process of obtaining their client instruction and shall revert to me in due course"

 

I get the impression that they have bought the debt - submitted an ambiguous claim against me in the hope i would ignore it and they would win by default. But they clearly have not complied from day one.

 

Can someone please advise what i can do now as i believe the court seems to be weighted in there favour. Why cant the court take into account the lack of info in the claim and just simply throw it out ? or do i wait indefinitely until the sword of Damocles comes down months and years later?

 

Please can anyone help? Thank you

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You wait....either party can make application to lift the stay......as the Defendant you would be wise to leave it ...if the Claimant then the claim proceeds and will be allocated to your local court where you will continue to progress your defence through to disclosure.

 

Regards

 

Andy.

 

PS Welcome to CAG NML


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Since this looks like an oldish thread can I bend your ear Andy? I have to file a defence today.

My local council are charging me a chargeable repair and and not sure what ref numbers are as I just have a sticker with all on it?


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

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Since this looks like an oldish thread can I bend your ear Andy? I have to file a defence today.

My local council are charging me a chargeable repair and and not sure what ref numbers are as I just have a sticker with all on it?

 

Need further info CG...start a thread and provide the background....leaving this a tad late are we not?

 

Regards

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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