Stayed County Court Claim

fluffykittens

Hi

I am not sure if this is the right forum but I would like some advice about a summons i received.

Last year I received a County Court summons from Sigma red. The Particulars of claim were for "part monies" of £362. This was a supposed loan debt to HSBC, although no further info was given. I never had a loan with HSBC.

Anyway I requested documents under CPR and they never bothered replying, I submitted my defence to court. This all happened back in July of last year. The court says the claim is "stayed" until Sigma decide they want to lift the stay.

where does this leave me now? Can they just decide 2 years down the line to open it up again? Does a stay automatically expire after so long?

Is there anything I can do about this, as I do not want it hanging around my neck

Any help would be greatly received.

fluffykittens

I would like to add I had a credit card with HSBC but not a loan. As far as i aware I had since paid that debt off.

ValHaller

In your position, I would be finding out about getting the case struck out. I am not familiar with the detail of CPR's but very aware that they exist - a trawl though there might reveal a process for getting the case struck out. Otherwise, go back to the court and ask. This is definitely a court procedure question rather than a legal advice question.

You could also write to Sigma Red and request that they drop the claim - but make sure you know the process first. Don't forget to claim costs - this is probably a reason for them attempting to leave the matter stayed.