After a stay has been granted can it just be lifted?

[thatsnotimportant]

Put simply.

 

I defended a summons on the basis that I felt the companies case was wrong in many respects, but I was paying off the amount owed anyway because there was no dispute that I owed the money.

 

They didn't challenge my defence and the action was automatically stayed.

 

Two thirds of the account is now settled but they say I missed a payment (I didn't, they are cretins) and they sent me a letter saying that they would apply for the stay to be lifted and for judgement to be entered against me for the remaining balance without further notice to me.

 

I'm not bothered about their threats as such because I have made the payment, but CAN they get the stay lifted and enforce judgement when my defence is still valid? I'd just like to hit them with both barrels and tell them to **** off and let their clients know how useless they are to be honest.

[citizenB]

As the claim was stayed, there is no judgment to enforce, they would have to apply to court for the stay to be lifted - pay the fee applicable - then they would have to take their chances the court would find in their favour.

 

Given that you have been making payments, I think they might have a pretty hard time explaining to the judge why they have decided to lift the stay.. on top of which, the judge might not even find in their favour !!

 

Yes, your defence is still valid and is very likely why, if it is a good defence, why they did not continue with the action originally.

 

I would leave things as they are and see what happens next.

 

Or you could put the ball back in their court and say fine.. go ahead, I look forward to hearing from the court.

[citizenB]

You can check with the court to find out the status of the account - if it is still stayed or not

[thatsnotimportant]

 

Yes, your defence is still valid and is very likely why, if it is a good defence, why they did not continue with the action originally.

 

Or you could put the ball back in their court and say fine.. go ahead, I look forward to hearing from the court.

 

Thanks for that. Yes it was a good defence, because it showed that they, the debt collection company, had basically broken several rules/laws with regard to letters before action and pre-action protocol and at the very least would have taken up their time and caused them some embarrassment.

 

After the action was stayed they then sent me a Tomlin Order which I obviously ignored and now they are trying to say that I have defaulted on my agreement twice despite the fact that I never had an agreement with them and have made payments 'as quickly as possible' which is all I ever said I would do. The Tomlin Order, needless to say had a confidentiality clause in it, which is the main reason that I ignored because one day I will spill the beans on these useless imbeciles, (although if you read any of my few other posts you will quickly be able to see who we are talking about)!

 

Maybe I should just do as you say and put the ball back in their court! To be honest they are so bloody useless they are either a. trying to save face with their clients, or b. don't actually realise how crap they are! I think that it's 'b' myself!

[citizenB]

Or all of the above

 

It does look as though they have lost the plot.. but then so many of them never had it to lose in the first place !!