How does a 'stay' work in a small claims case?

[skelliwag]

Long story short, without going into details.... though happy to if needed... I submitted a defence to a claim against me by a plumber (though the debt collection agency did it on their behalf) in small claims court.

 

The claimant had to respond to my defence by a certain deadline, which they didn't, so a 'stay' has been put on the case. As it was explained to me this means the claimant has to apply to a judge to resume the case. When I spoke to the court they said an application could be put forward any time in the future, so there is no time limit.

 

So I have a few questions I wonder if anybody could help me with...

 

1) Is that the case that there is no time limit for an application? I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded!

2) Do judges often agree to applications to resume the claim? Or must there be extraordinary circumstances?

3) The company seems to have stopped trading under their current name (removed their online listings). If the claimant company change their trading name, or close the business and reopen under another name in the future, can they still pursue this claim?

 

Thanks so much for any help you can give.

[AndyOrch]

1) Is that the case that there is no time limit for an application? Correct but the longer its left the claimant must have justification I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded! Carry on in the meantime it may never happen

2) Do judges often agree to applications to resume the claim? Depends on the reasons the claimant puts forward for the delay Or must there be extraordinary circumstances? Not really

3) The company seems to have stopped trading under their current name (removed their online listings). If the claimant company change their trading name, or close the business and reopen under another name in the future, can they still pursue this claim? Yes providing they substitute the claimants name or add parties to the claim..but I would assume this would be difficult given the contract that may exist between you and the existing claimant and the little details we have of the nature of the claim its difficult to to advise..

 

Regards

 

Andy

[ericsbrother]

1. normally a stay has a finite limit,

such as a year as ordered by the judge at the time.

other than that the limitations act 6 years from time of cause of action will be the cut off

Dont forget, it will cost them money to start again.

 

 

Also, the dca will not have locus standi so they would have lost on that point if raised.

Solicitors have the right of audience when solicited, dca's dont.

 

3. Depends on reason for ceasing trading and what assignment of rights were passed on.

Generally the newco wont have a right to claim as the owner have failed to assign the debt as required by law so it dies with the oldco.

 

 

If they had done this properly you would have received a letter of assignment.

Still wouldnt make the claim any more viable though had this been done as the debt would still be disputed.

 

 

Debt buyers work on a different method for getting a return on investment so use different methods to try and earn a crust