Black Horse Loan Legal Proceedings - Lapsed?

[Guyman]

Black Horse issued Proceedings around 2 to 3 years ago for a debt I had with them.

 

I reached agreement with them to pay on a monthly basis and on that basis they agreed to take no further action with those Proceedings.

Copies of correspondence given to Court.

 

Now I am interested in what happens to those Proceedings.

I assume they will lapse at some stage?

If so will Black Horse be able to raise further Proceedings if I decide to stop paying?

I would have thought that this may be considered an Abuse?

 

Any advice would be welcome.

[Desperate Daniella]

I think they would take you back to the Court, obviously depending on the amount outstanding. The court hearing was delayed because you made an agreement to pay, and the court has a copy of the correspondence relating to your agreement.

 

I'm not certain if there is a time limit - I don't think so - but as Black Horse agreed to stop proceedings as you intended to pay I can't see why they wouldn't go back to the Court if you stop paying. Did you receive any kind of Order from the Court at the time?

[Guyman]

No order at all. Just issued and agreed to take no further action. I would assume that The Proceedings would lapse after a period of time? In Personal Injury Litigation you could struck the claim out if the first lapsed after a period of time as the would be considered an Abusive process.

[steampowered]

Don't make assumptions about what happened to the proceedings, you need to be sure. I would go back through your old court documents to see if the proceedings were stayed or disposed of, if you are unsure then check with the court.

[Desperate Daniella]

I think you really should phone the court, because Black Horse may have just suspended the action with leave to resume. The court will able to tell you exactly what is on their records.

[Desperate Daniella]

Claims generally get struck out because nothing has progressed in the case, but as you have made an agreement and paid them for the past two years you have admitted the debt and I don't think the Court would strike it out. I may be wrong of course.

[AndyOrch]

Guyman

 

Would Consent Order or Tomlin Order ring any bells?

[Guyman]

No never got to a Consent or Tomlin Order

[AndyOrch]

Ok well in that case if not notice of discontinuance or notice of withdrawal was issued the matter will be stayed.They would require court permission to resume the claim for what ever reason.