Hoist/? claimform - Old Barclaycard 'debt'

[jaycwl]

you should get a notice of proposed allocation to the small claims court next mate( a n180)

 

just update when you get it.

 

I'm having a similar experience but I'm a little further ahead, check my thread if you want

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt&p=4903170#post4903170

[robaskew]

Hi

just a quick update

 

got a letter from the courts saying that they had my defence dated the 20th june and a copy is being served to claimant

but not heard anything yet

 

Rob.

[dx100uk]

good!

[robaskew]

what timescales are we looking at for the next part so i can read up about it think it should be n180 next ?

 

Many thanks for all your help so far

 

rob.

[dx100uk]

they the claimant have 33 days to respond else the claim gets autostayed

[robaskew]

how accurate are places like clearscore and noddle on clearscore

 

there is a entry for hoist under closed Last updated 7 June 2016

 

but under noddle it says it is open 01/06/2016 and is in Default

 

but it also says that the records are due to update in 11 days ..

 

both are showing the same figure that i have on my POC so it would be the same debt

just wondered why it it was closed under clearscore

 

many thanks

 

rob.

Edited July 11, 2016 by robaskew

[martin2006]

They are normally about 6 weeks out of sync, what happened last month will be updated the following month

[robaskew]

thanks for the promt reply

 

does that mean this claim is now closed i know i have to sit and wait for court but it would help with sleeping as i not getting much at the moment

[dx100uk]

how accurate are places like clearscore and noddle on clearscore

 

there is a entry for hoist under closed Last updated 7 June 2016

 

but under noddle it says it is open 01/06/2016 and is in Default

 

but it also says that the records are due to update in 11 days ..

 

both are showing the same figure that i have on my POC so it would be the same debt

just wondered why it it was closed under clearscore

 

many thanks

 

rob.

 

the closed account would be the original debt entry under the OC

the open one, under the name of the debt buyer would still be active

IF the defaulted date has yet to reach 6yrs and then fall off

 

as long as the defaulted date on the robbersway entry is the same as the OC 's one

it is not harming your further.

 

but in any case

what is listed on your cra file

has little or no relevance to a court claim .

[robaskew]

not sure . i have the

Barclaycard one in closed and the hoist one in closed on clearscore .. still waiting for them to do something on my mcol login as it still my defence is the last update but keeping my head down for the time being

[robaskew]

Hi ..

 

what happends if there is no change to the mcol site on friday 22nd which should be 33 days i think . defence posted on the 20th june .. i have had no movement on it or no n180 form

 

just wondered

 

rob.

[AndyOrch]

There wont be any change on MCOL..until the claimant informs the court they wish to proceed

 

Andy

[robaskew]

ok still no change dont know if this is good or bad but is it them just trying to get their house in order before moving to the next stage

[dx100uk]

well its good really

as they'll now have to pay more fees to unstay it.

 

 

dx

[robaskew]

cool i will sit and wait then

 

thank you as always

 

rob.

[robaskew]

still no changed on mcol

 

rob

[AndyOrch]

There wont be any change on MCOL..until the claimant informs the court they wish to proceed

 

Andy

 

[robaskew]

does that mean it is in limbo untill they decide

 

Rob.

[dx100uk]

no its stayed.

 

go get on with you life

 

they might never do anything

claims can be stayed for years

 

dx

[robaskew]

thank you all for all your help .

 

rob.

[martin2006]

Andy, a quick procedural question which will hopefully benefit many readers.

 

Where a case is stayed, is there an option for the defendant to have the claim struck out, maybe after a given period of time in order to remove its "limbo" status once and for all?

[dx100uk]

No

[martin2006]

Thanks dx

[AndyOrch]

Andy, a quick procedural question which will hopefully benefit many readers.

 

Where a case is stayed, is there an option for the defendant to have the claim struck out, maybe after a given period of time in order to remove its "limbo" status once and for all?

 

That is an important question which baffles most posters.....yes a defendant can make application to strike out or proceed a claim if stayed indefinably for a long period but it runs risks....

 

1. It may prompt the claimant to proceed and challenge...you face further costs and risk losing.

2. Always remember a stayed claim is a speculative claim until its actually allocated to track.

3.A stayed claim is also a safe debt...in that it cant be litigated by any other and if stayed for a relativity long period it can help to see it through to statute barred status.

 

But I hear you say ...doesn't the clock stop with regards to Limitations once a claim is issued...well yes in its infancy of the procedure...but the longer its left stayed...the more the claim becomes irrelevant..because...

 

a) no one else can litigate on it

b)Should another litigate on it with the courts permission ..then the issuance of the first claim becomes irrelevant and removes the barring of the clock on the claim.....which by then should be statute barred.

 

 

Andy

[martin2006]

Great post Andy, which can referred to time and again for everybody's benefit