Case stayed query

anthony1

I received a claim from a creditor regarding a loan. My defence was that the debt is statute barred. The case has been stayed for the claimant to take further instructions.

How long can a case be stayed for?

Quimoi

Theoretically indefinitely if both parties keep agreeing to stays - did the court not give any other directions when they agreed the current one?

Date of the claim issue is effectively when the clock stops for a statute barred defence i.e. the debt needs to be 6 years since acknowledgement as of the claim issue date - length of the claim process doesn't count towards it.

If you aren't already on CAG then their forum has a dedicated (and very helpful) section for financial proceedings (http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues).

anthony1

I submitted my statute barred defence.I then received a court letter stating it had been forwarded to the claimant who has 28 days to contact the court after that time the claim will be stayed. The 28 days have passed. I have received a letter fro the claimant stating that they are seeking further instructions.

Quimoi

Is this through MCOL and small claims track?

If so, ring Northampton (or your local court if the case has been transferred already) - ask them about the stay and if/when you can submit an application (N244) for the claim to be struck out.

anthony1

Thanks I will do that

pogofish

You took a loan on a credit card....?

anthony1

no, this relates to an old credit card