Arrow Global Guernsey v Legallystressed re old Providian Account

[legallystressed]

Thank you

 

Thank you so much for the quick reply

[legallystressed]

It's now over a year since I heard anything regarding this and the claim is still 'stayed'.

 

 

What should I do now, can anybody advise?

 

 

I really don't want this hanging over my head indefinitely.

 

 

Has anybody ever started an online petition to stop this practice as I can't see anything on this site to suggest it has?

[dx100uk]

there is nothing for you to do

neither legal wise

nor worrying wise.

[legallystressed]

But I am worried DX, constantly nagging at the back of my mind that any day they could apply to have the stay lifted. How can they get away with this? There should be a specific period of time the stay can remain and then automatically struck out

[AndyOrch]

But I am worried DX, constantly nagging at the back of my mind that any day they could apply to have the stay lifted. How can they get away with this? There should be a specific period of time the stay can remain and then automatically struck out

 

Why ? a claim does not become a claim until its allocated to track...in its stayed state it is no more than a speculative claim...so if you understand the legal processes...thats why there are no petitions or anything on the forum...its only you that is worried.

 

Andy

[legallystressed]

I worry because this debt would have reached it's sixth year now so would have been statute barred but I have read (don't know if it's true) that time is now frozen whilst this is stayed so whilst there could be a chance the stay is lifted as oppose to it becoming statute barred

[AndyOrch]

Not true if a claim is stayed for a long period of time you can disregard it with the effects to Statute of Limitations.

[legallystressed]

Thanks Andy, so does that mean this debt is statute barred now then as it is over six years since I paid anything to it and it has been stayed for a year?

[AndyOrch]

Yes and no....if the stay remains in place...nothing is happening with the debt...so SB makes no odds.If the current claimant lifts the stay say in 2 years time...you can challenge that the claim was placed vexatiously with no intention of proceeding therefore intentionally stopping time.

 

If say for arguments sake the claimant never lifts the stay and you get a new claim from a different claimant in 3/4 years...you can disregard the first claim or the stopping of the clock.

 

If that makes sense?

[legallystressed]

Yes, thanks it makes sense and it makes me feel a little better but still wish it was time barred so not hanging over my head for it to be lifted when I least expect it to be! But in any case, thanks for your help