Hoist/? claimform - Old Barclaycard 'debt'

[Guest]

yes, and there is case law which says that a claim issue just to stop a clock and then let stayed wont ordinarily wash

[mercyblue]

Perhaps providing details of such might have been useful?

 

 

The question Martin asked which is a very good one was is there a set time after which you can ask for a claim to be struck out

ie. say claim stayed for xx time the defendant can ask for it to be struck out.

To which the answer sadly is no.

 

As for a claim been brought merely to park it to stop the sb clock.

I can see that been very valid say if the claimant was an individual after all they will only have the one claim to think about.

 

 

When you have a dca issuing claims like confetti you're going to have much greater problems they'll just claim something like "commercial pressures" or something like that for the length of the stay.

[Guest]

my post was re #51

if you want the case, search it yourself (is a self help site), its on cag and elsewhere.

[robaskew]

hmmm .. just got a pack of paper from howard cohen ..saying here is a sign copy of the credit agreement

i had filled my defence on 19/05/2016 Defence and they have only just come back with the paper work .. after 1 year

 

so what do i do now ? how do i move forward with this

 

many thanks

 

rob.

[AndyOrch]

Scan and post up anything important (redacted) ...agreement ...default notice and notice of assignment...current statement...lets see what they have....nothing for you to do in the meantime

[dx100uk]

to one multipage PDF please rob

read upload

[robaskew]

i have scanned them and removed my details

 

rob.

07092017 info sent from cohen .pdf

[robaskew]

was there anything i can do ?

 

rob.

[AndyOrch]

I would say they have enough there to lift the stay and proceed and win Rob.

 

But they must make application with fee to the court to request a hearing to proceed...should they do this the court will serve you notice.

 

I personally would be contacting the claimants sol with view to reaching an agreement by way of a Consent Order (Tomlin Order) to make a monthly payment arrangement....this will make it affordable and also avoid a CCJ being entered against you.

 

Sorry its not what you wished to hear

 

Regards

 

Andy

[robaskew]

thank you for the promt reply and help .. no it is not but payment would be much better then a ccj

 

to the side thank you for your help

 

Rob.

[Finargh]

Delete if I'm butting in/being stupid but does that statement include PPI?

[robaskew]

it does and have put a claim in when i saw it as i never knew it was there .. maybe the PPI might cover an offer to them

 

rob.

[robaskew]

One last question before I call them

 

As the last payment date was Aug 2010 would this be statute barred now ??

[AndyOrch]

One last question before I call them

 

As the last payment date was Aug 2010 would this be statute barred now ??

 

Date of issue – 19th may 2016

 

No...they stopped the clock by 3/6/ months