Received County Court Claim Pack from Welcome financial

[mantey82]

Hi, I received a county court claim pack from Northampton (CCBC) the claimant Welcome financial dated 28th may.

I filed my defence on-line stating that this debt was statued barred etc. .on the 6th june.

I did not hear anything after so i sent a email to the CCBC on 26th September asking what is happening with the case.

Today i received an email back from CCBC Thank you for your email.

 

I confirm that your Defence has been filed and, due to no response from the Claimant, the case has been marked stayed.

 

Unfortunately, we are unable to amend the claim status without the Claimant’s confirmation.

 

Please contact the Claimant with regards to this matter.

 

My question is what do I do now to get this matter resolved also can I get the debt taken off my credit report because there was no payment made or contact with them for well over 6 years and they have somehow defaulted the debt on my credit report on sept 2011.

 

Any help would be greatly appreciated

Regards

Jason

[AndyOrch]

Hi mantey and welcome to CAG

 

As the claim is stayed either you or the claimant can make application to lift the stay.You could make application to lift it and request judgment/costs in your favor on the basis that the debt is statute barred.There is a fee of £80 with an hearing.

 

Regards

 

Andy

[mantey82]

Thanks for the reply Andy

 

Because I can not afford the £80 at this moment in time is there anything else i can do or do I just leave it were it is. If sol how long will this case be hanging over me.Can the claimant lift the stay any time they want or is there a time limit.

 

Also if I did manage to get £80 what form would I need would it mean me having to go to court or can the judge make a decision on his own.Would it be still up to the claimant to prove that I owe this debt(I sent a recorded letter to the claimant for a Combined CPR 31.12 and CPR 16.4(2) Request in June and they replied saying they would send the information when they received it from there client and that is all I have heard from them) also how would I work out cost.

 

Sorry for all the questions

Any help would be greatly appreciated

Regards

Jason

[AndyOrch]

You can leave the matter stayed until it suits you to make the next move (but keep your eye open in case the the claimant does first) the longer the claimant leaves it the harder to resurrect it.As you state this will leave the matter in abeyance.

The form needed to lift the stay and force the matter is the N244 application which you would need to draft directions as to why and reason you are lifting the stay.As a defendant this may prove difficuilt to justify unless you have black and white evidence the debt is unenforceable or other reasons why the claim should be struck out.

 

Regards

 

Andy

[Old Cogger]

You can leave the matter stayed until it suits you to make the next move (but keep your eye open in case the the claimant does first) the longer the claimant leaves it the harder to resurrect it.As you state this will leave the matter in abeyance.

The form needed to lift the stay and force the matter is the N244 application which you would need to draft directions as to why and reason you are lifting the stay.As a defendant this may prove difficuilt to justify unless you have black and white evidence the debt is unenforceable or other reasons why the claim should be struck out.

 

Regards

 

Andy

Be wary they may get the stay lifted and the only way you find out as I did was when a CCJ came thru the door.

[AndyOrch]

Be wary they may get the stay lifted and the only way you find out as I did was when a CCJ came thru the door.

 

You would (should ) be served a copy of any application and be allowed to object respond.

[Old Cogger]

You would (should ) be served a copy of any application and be allowed to object respond.

 

Sorry no it was the Bank who stated one had been obtained when it was not, but actually Stayed!! my error.

[mantey82]

Hi, Update I decided to wait and see what happens and today the 24th Jan 2013 I received a letter from a company called IND saying

 

We refer to our letter of 8th Jan 2013 (I did not receive)a copy of which is enclosed. The Claimant will now write to the Court to progress the Claim given that you have not responded.

 

The copy letter is as follows

 

Dear Mr mantey

 

Welcome Financial Services Ltd v Mr mantey- Case no. 2x---------

 

We are the appointed Agent for the Claimant who should like claim against you proceed.This action will be taken after the expiation of fourteen days from the date of this letter.

 

In the Intervening time please comply with your obligation under the Civil Procedure Rules 1998 (16PD.13) and tell us unequivocally the details of expiry,ie the date of any limitation period upon which you rely.

 

We look forward to hearing from you.

Edited January 24, 2013 by Andyorch
Name removed.

[AndyOrch]

Hi mantey (I have edited your above post real name typed in post)

 

So where do IND fit into this Claimant is Welcome ? \Solicitors are?

 

Regards

 

Andy

[DonkeyB]

Can you show the account is statute barred? What’s its history?

[DonkeyB]

And did you follow up on their failure to respond to your CPR requests?

[mantey82]

The Solicitors are Hegarty Llp - in Peterborough PE1 1YW and are part of IND in some way

[AndyOrch]

What is CPR 16 (PD13) there isnt a PD13?

[mantey82]

They have not replied to any of my letters for CPR requests

[DonkeyB]

They have not replied to any of my letters for CPR requests

 

Then you need to inform them of this urgently and demand a response!