Claimform Cabot/Restons- LLoyds Credit Card

[dx100uk]

and pays the fee!

 

 

you'll get good notice

 

 

but I doubt that will happen

 

 

dx

[lloyds_cabot_restons]

and pays the fee!

 

 

you'll get good notice

 

 

but I doubt that will happen

 

 

dx

 

Expand......

[AndyOrch]

If the claimant makes application to lift the stay and proceed...you will (should) be served a copy of their application and copy of the order and reasons as to why they have made application.

The court will serve a notice of hearing on you for you to attend to consider their application and you will have opportunity to present your reasons as to why the application should be dismissed.

 

If its allowed the claim proceeds to Allocation and then trial.

 

Andy

[Guest]

and, unlikely they will apply to lift if they cant at least satisfy yr cca request.

as they said prior #65

'They state very reluctantly that they have not been able to provide anything r.e. S78 within the relevant time period

- and therefore they are unable to enforce the agreement (which they don't have) and thus cannot obtain judgment

[lloyds_cabot_restons]

Thanks Andy & Ford

What is the cost for wanting to lift the stay and poss proceed to a trial then ?

[AndyOrch]

Well it was £155 for the application...but there was talk of it being raised in March to £255

[lloyds_cabot_restons]

Well at £255- or even the current £155- it would make it a pretty calculated gamble to guess that you would end up collecting more than you have already spent !

[lloyds_cabot_restons]

UPDATE:

 

Received numerous letters from Rectums - with this one received today.

 

It states the following:- "Unfortunately we do not appear to have received any response from our letters. In a bid to resolve our client is willing to accept a reduced sum of £XXX.XX to conclude the Court proceedings and will not pursue the remaining debt.

 

If you are unable to raise this sum out client will accept payment of the debt by instalments.

 

Depending on your offer and the length of time it will take to clear the debt, it may be necessary to record any terms of settlement agreed with a form of a Tomlin Order which is filed with the Court. If this is given by the Court, proceedings remain stayed whilst payments are maintained in line with that agreement and no CCJ will be entered against you (!!!!)

 

If however you breach the terms of any agreement reached, our Client reserves the right to refer the matter back to Court and may enter Judgment against you for any amount outstanding under the terms of the Tomlin Order!!!

 

Thoughts anyone.........???

[AndyOrch]

Last spin of the dice from Pestons...there is nothing to conclude as its not even been allocated yet after 12 months and is nothing more than a speculative claim.

[lloyds_cabot_restons]

Andy

 

There is no time frame then for the case to expire within a pile of stayed claims? So these cases just sit until the Claimant decides to cough up the fee to get things moving again- is that right?

[AndyOrch]

Andy

 

There is no time frame then for the case to expire within a pile of stayed claims? So these cases just sit until the Claimant decides to cough up the fee to get things moving again- is that right?

 

That's about the gist of it ...until a claim is allocated and the claimant pays the hearing fee....its a meaningless piece of paper.

[WelshMam2009]

That's about the gist of it ...until a claim is allocated and the claimant pays the hearing fee....its a meaningless piece of paper.

 

What about the implications as regards the court claim stopping the clock as regards reaching statue barred status though?

 

Shouldn't there be an expiry date for stayed claims?

 

 

How many years can a claim be left as stayed?

 

It doesn't seem right that the threat of court proceedings is left hanging over your head,

 

 

with the potential for the claim to resurrect itself several years down the line.

[dx100uk]

can be stayed for years..

 

 

in terms of the sb clock

and the possible resurrection of the claim..

 

 

that's all down to how brave the claimant is..

 

 

although the sb clock is stalled once a claim is issued..

to all effect and purpose that means nothing..

 

 

the important thing is the claimant failed to prove their case

or more truthfully

issued a speculative claim in the hope of a

non-contested default rubberstamped judgement

where nothing is checked..

 

 

you defended ..

 

 

speaks volumes upon how water tight their case is

[lloyds_cabot_restons]

Thanks dx & Andy

[AndyOrch]

It is true the issuance of a claim does stop the clock with regards to limitations of the debt...but this is 3 fold.

 

A, the debt is somewhat secured by way of the claim so no other should litigate on the same debt...so becoming Statute barred is irrelevant.

B, Should the claimant fail to proceed and its obvious that a claim was issued with regards to stopping the clock...and then decide to proceed say 2 years later that would add to your defence.

C For arguments sake the claim was stayed indefinitely and forgotten about.....new claimant enters the arena and litigates...I would disregard the first claim and claim it was by then statute barred...as the the new claimant is hardly likely to state otherwise or refer to the first claim or probably not even aware of the initial claim.

 

If that makes sense.

 

Andy