Lowell/Overdale 5xPAPLOC Now claimform - old Cap1Card debt.

[AndyOrch]

Unfortunately its not...unless they never inform MCOL they wish to proceed and let the claim stay...then it could be construed as pressuring and intimidating the defendant ...which iI suppose it is depending on how you react and whether you are a member of this forum and are wise to this move, 

[Bazooka Boo]

Am I right in thinking that the whole time this claim is auto stayed, it can never be SB?

 

Is there a way of, or need, to have this claim closed down so they can't run the SB date to infinity?

 

Or does it simply sit there unable to move forward unless they pay for the stay to be lifted, or they flog it on in a portfolio of toxic debts to another clown outfit?

[dx100uk]

correct, and there is nothing you need to do no.

 

dx

 

[AndyOrch]

15 hours ago, Bazooka Boo said:

Am I right in thinking that the whole time this claim is auto stayed, it can never be SB?

 

 

No......if the claimant does not proceed to allocation within a given timeframe (6 months) the claim will automatically be stayed and eventually fall off the MCOL files as an abandoned claim  and the statute of limitation periods will run as if the claim had never been issued.

 

Also the longer the stay is in place the harder it is for the claimant to lift it.  Practice Direction 15, paragraph 3.4, which directs that any application under CPR r.23 to lift the stay imposed by r.15.11(1) '...should give the reason for the applicant’s delay in proceeding with or responding to the claim.' and that a defendant should not bear the applicant's application costs,

 

Andy

[Bazooka Boo]

Excellent, thank you both!