My claim is on hold and yet....

worldupstairs

the bank have sent my 'debt' to a collection agency? I have told them that it is on hold but they seem to think this has changed since the high court case.
Is this true?

Premier_2

Who have you made a claim with?
Just the bank, or to a court?

If a court case, contact the court and find out the status of your claim.

worldupstairs

to the court but the case was suspended till the end of 2010 so not sure why the court hasn't contacted me with anything new?

Premier_2

If the claim is still stayed with the court, the debt is in dispute.

Tell the bank or their debt collection agency to whistle for it pending the conclusion of your court claim.

The correct approach for the bank if they want to push the matter would be to apply to have the stay lifted and/or apply to have the claim struck out.

natweststaffmember

I would add to Premier's advice one single thing, the claim number so that they have proof that it is on hold.

johnnynonails

hiya sorry for jumping on the thread , but im a simlair postion ive justed phone the court and my claim is still stayed , but lloyds tsb has sent my debt to apex debt recovery, now i do owe them a bit more than my charges so not sure wot to do any help wud be grateful thanks jill

johnnynonails

just spoke to lloyds and she said that the banks won and i have to repay the money, i have wrote to lloyds and i said i wish to amend my claim , not sure wot im doing any more any help wud be gud ty

worldupstairs

johnnynonails wrote: »

just spoke to lloyds and she said that the banks won and i have to repay the money, i have wrote to lloyds and i said i wish to amend my claim , not sure wot im doing any more any help wud be gud ty

I'd want proof that they won! get intouch with the court and see how your case went

johnnynonails

worldupstairs wrote: »

I'd want proof that they won! get intouch with the court and see how your case went

hiya , i phoned the courts to day and the man said my case was still stayed, havent heard any thing from the courts and just got the letter of apex, they want proof i got a claim goin , said i wud photo copy my claim from aug 2007 but that wasnt gud enough she wants sum thing more up 2 date , just dont know where to go from here , lol any help wud be very gud ty jill

Premier_2

worldupstairs wrote: »

I'd want proof that they won! get intouch with the court and see how your case went

I think what they mean is that the banks won in the Supreme Court in November.

That, of course, does not mean they have won each and every claim in all courts in the land, but they are applying for (and in many cases are being granted) that such claims are struck out on the basis their is no case in law to answer on the basis of the original POC.

Of course a claimant could try to change their POC. i.e. try a new argument.

Premier_2

johnnynonails wrote: »

hiya , i phoned the courts to day and the man said my case was still stayed, havent heard any thing from the courts and just got the letter of apex, they want proof i got a claim goin , said i wud photo copy my claim from aug 2007 but that wasnt gud enough she wants sum thing more up 2 date , just dont know where to go from here , lol any help wud be very gud ty jill

Just give them the claim number and the specific court in which it is currently stayed