STATUE BARRED 3 YEARS AGO

[SHELBELLE]

DX...the plot thickens...they have changed the default date to 27.08.2009...a year and a week later...

 

Dotty, it's under Capquest now....

 

I am totally mythed...

 

S.B.

[Old Cogger]

capquest do that and refuse to correct date to original and the ICO are useless

[SHELBELLE]

Oh great...thanks Mike...don't know how they are actually involved now though unless Cabot have now sold it to them...I haven't had anything from Capquest at all....

[SHELBELLE]

Well I came home to a lovely letter from Reston's this evening:~

 

Although I have put the Claimant to strict proof they state that I didn't enter in to an agreement with the Claimant blah blah blah

and that if I want the details I have requested that I should check my own records,

and they are at a loss to understand why I would need such documents.

 

They rattle on about T&c's and recommend that their client strikes out my defence

and to stop a judgement being obtained for the full amount plus costs I should withdraw my defence to stop this happening

and complete and return the N9A (admission).

.....all this when I have it in writing from Cabot that they at the moment my agreement is unenforceable in court...

 

Well they can shove their N9A where the sun don't shine because I am not withdrawing my defence.

...and I am so glad I have already read up on Reston's tactics...

 

Wonder what the response to the discontinuation request will be....

 

S.B.

[dx100uk]

yep typical restons

trying to intimidate a defendant

when they know full well they've no paperwork I bet!

 

 

dx

[SHELBELLE]

It didn't work with this one......well yes according to Cabot no paperwork....

[Dotty50]

I don't recall having to deal with Capquest so can't offer any assistance unfortunately.

[SHELBELLE]

Don't worry Dotty...thank you.

[SHELBELLE]

I've just checked MCOL and nothing was submitted by Cabot before the deadline...........and no correspondence in the post.

 

 

So am I right in guessing that this is now stayed? And if I want to apply for it to be struck out I have to pay £155.00?

 

 

 

 

Thanks in advance.

 

 

 

 

S.B. X

[AndyOrch]

I would assume so Shelb...as for striking out...what are your grounds?...and don't think because its stayed.

 

Andy

[Dotty50]

I didn't apply for a strike out on any of mine Shelbelle, I don't think they bother carrying on if a defence is submitted.

 

They always hope to get a judgement by default imo, although I've not had to deal with any recently.

 

Thank goodness!

[SHELBELLE]

Thanks Andy, would the grounds that I have a letter confirming that it is unenforceable and they have no documents not be sufficient? Just wanted to do my upmost to ensure that it doesn't get any further on if I can.

 

 

Thank you Dotty, I am not sure whether to just leave it or try and bring it to a close.

 

 

S.B.

[Dotty50]

It is difficult to know what to do for the best, I think I had to deal with another claim fairly soon after the first one so I just didn't get around to doing anything.

 

My understanding is that claimant will need to have a very valid reason to get the stay lifted and I guess that will cost them more.

 

Where did the letter confirming no docs come from? They need an original or a true copy to take it to court so if they don't have the document, how can they produce a 'true copy'?

[SHELBELLE]

I know Dotty......

 

 

Ok thanks for that.

 

 

The Claimant sent the letter.

 

 

Thanks

S.B.

[AndyOrch]

I personally would leave it stayed...its no more than a speculative claim at this stage...so it causes you no problems.£155 to make application to strike out.....might just force them to retrieve or even conjure something up...its a gamble and one I really dont advocate.

[Dotty50]

That's confirmed my thoughts Andy, I don't like to give much advice nowadays just in case things have changed that I'm not aware of!

Edited January 1, 2015 by Dotty50
spelling

[SHELBELLE]

Ok thank you Andy and Dotty....will sit tight.

 

 

Happy New Year.

 

 

S.B.

[AndyOrch]

Happy New Year Shelb

[citizenB]

Ok thank you Andy and Dotty....will sit tight.

 

 

Happy New Year.

 

 

S.B.

 

I know someone who has had a stayed claim coming up to 6 years on 18 May 2016 !

[Dotty50]

That settles it then! (for me)

[Guest]

I know someone who has had a stayed claim coming up to 6 years on 18 May 2016 !

 

6 yrs! does statute bar become in issue re a stay?

[dx100uk]

a claimform stops the clock don't they?

 

 

dx

[Guest]

thinking so. but, wasnt there a case where it cld still run despite there being a claim issue, depending on the circumstances?

[SHELBELLE]

Called the court today and it's defo stayed....so I guess I am pleased about that.......good news....for now...

[SHELBELLE]

So too late for initial court claim I receive another illegible(and unenforceable) copy of the agreement with from what I can tell a generic set of terms. And they (Cabot) tell me that they can now obtain a CCJ...but they would prefer me to deal with them direct.

 

I know they now have to apply to the court to get the stay lifted..so do I sit and wait or shall I rely to their dribble?

 

Thanks in advance....S.B. X