Shoosmiths/Cabot old claim from Feb 15

[svanjo]

Hi Everyone

 

After a lot of searching on the web I've decided to bite the bullet and ask for some help as I have no idea what I should do about this claim. The details are as follows:

 

1. On the 26 Feb 2015 a claim was issued against me for a debt which I believe to be statute barred. The particulars of claim are as follows:

 

a. The claimant claims the sum of 4,975.38 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard Littlewoods and assigned to the claimant on 28/02/2008 notice of which has been provided to the defendant.

b. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

c. The claimant claims the sums of 4,975.38 and costs

d. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction

 

2. On the 10th March I sent Shoosmiths a standard CPR 31.14 request and Cabot a letter stating that this debt is statute barred.

 

3. On the 12th March I received a letter from Shoosmiths telling me that they had requested the documentation from Cabot but had not yet received anything and were therefore granting me an extension to file my defence which I notified the courts of in writing.

 

4. On the 10th April I received another letter from Shoosmiths informing that they still hadn't received any documentation from Cabot and that the matter would be on hold until they do.

 

I have taken no further action since then. My question for you guys is whether there is anything I can do now that so much time has lapsed to get the courts to draw a line under this claim. This is causing me distress and I would love to just have it done with.

 

Any help you guys can offer me would be really appreciated.

 

Thank you

[dx100uk]

so its probably now stayed?

 

 

phone the court and check.

 

 

did you send cabot a CCA request?

 

 

so this was a littlewoods credit credit card issued by Barclaycard

[svanjo]

Hi,

 

I have just called the courts and they have told me that they have written to Shoosmiths notifying them that they have till the 18 July to continue with this claim or it will be stayed. They said that I have nothing to do unless I receive a DQ from the courts.

 

No I haven't sent Cabot a CCA request. Do I do this now or do I just let sleeping dogs lie?

 

S

[dx100uk]

most def CCA request to cabot.

 

£1 blank PO

don't sign anything.

 

and see if you can nail down the SB date.

 

if you've paid nowt or not used the card from 6yrs previous to the claimform date its SB

and an absolute defence should then want to do anything

 

go find that info out

 

theres no harm in ringing Barclaycard and asking either

 

dx

[svanjo]

Hi

 

It's been a while since I've posted anything with regards to this thread.

 

 

CCA request was sent but I got no response.

 

 

Called Barclaycard and they confirmed that the account was closed in 2005.

 

 

I therefore proceeded with logging a statute barred defence at the beginning of July 2015.

 

 

To date I have had nothing back from either Shoosmiths or the courts stating that this case will be taken to trial.

 

My question therefore is, can/should I apply to have this claim stuck out?

 

Thank you as always

 

S

[dx100uk]

no I don't think you can

 

 

the claim is stayed

wont hurt to leave it that way.

dx