Case stayed for 2 years, alleged debt would otherwise be statute barred .What to do?

mrscorpio · 8 January 2018 at 2:49PM

Hi all,
Some advice please on how to deal with this..
My credit file is now finally CLEAR, and starting to bounce back. However a couple of years ago,
SCabot launched via the Northampton kangaroo court an attempt to grab an alleged debt, knowing that the 6 year limit was looming.
I filed a defence robust enough that they failed to file a 'reply to defence', and the case became stayed & still is to this day.
If they hadn't done this, the alleged debt would have become statute barred over 1.5 years ago!!
No other case was brought by any other alleged creditor. So this is the only 'cloud' that needs resolving..
Given that 2 years have now gone by .. Should i just let sleeping dogs lie & get on with life? (See complication below).
Or should i (after a bit more time) get a judge to push for a 'strike out' ?
What are the chances that the alleged creditor will just be bloody minded and challenge the strike out request just to be a w*nker? Or will the Judge tell them to FO if they do, telling them.... "You've had 2+ years & did sod all, so what's changed now? Nothing! ... So ,NO, the strike out stands"
OR AM i at risk.

My overarching issue is that there is a property that i am able to add my name to the deeds, and take over as the sole owner... Something that i don't wish to complicate.

Thoughts?

sourcrates · 8 January 2018 at 3:29PM

Hi,

There is no official time limit, i can find, for a case to be stayed by a court.

It's up to you, you can leave it Stayed, they can't start proceedings again whilst this claim is stayed, but they could request the Stay be lifted at any point IF they come up with the right documentation.

You could apply for a straightforward strike out (ie Summary Judgment) on the basis the claimant has failed to prove their case.

Or, as you say, you could just let sleeping dogs lie.

mrscorpio · 8 January 2018 at 3:51PM

Hi,
Many thanks for the reply.
What about the fact that they've failed in 2 years to ask for the stay to be lifted?
If, by me asking for a strike out, merely brings it to their attention. What are the chances that a Judge will uphold the strike out, because they let the stay fester for years, & thus were wasting court time by opening a case and then not bothering with it?

ciderboy2009 · 9 January 2018 at 12:08PM

Was there an actual order regarding the stay? If so then what was the actual wording on it?

Usually I would expect a judge to include a strike out clause if the stay isn't lifted within a specified period of time.

mrscorpio · 10 January 2018 at 11:28AM

Hi,
No, it was the default situation where the claimant failed to send a 'reply to defence' within the 31 days deadline, thus the case became automatically stayed. That was 2 years ago no & counting!!
The case is still stayed to this day..
It's almost like a deliberate abuse of due process tactic to block consumers protection from the statute of limitations act. Where the claimant has no intention of actually following through with the case, but due to the 'stop clocking' loophole, people could be held back from being protected for decades potentially.
They just throw people at the wall in their 100s each month, and through fear, intimidation and ignorance, the majority of them stick.. But when someone challenges the claimant to 'prove' it, that can't be bothered and just move on to their next victims ...
Leaving that person in limbo without protection going forward, potentially forever?
This is very serious, and should be exposed somehow.

ciderboy2009 · 11 January 2018 at 10:03AM

mrscorpio wrote: »

Hi,
No, it was the default situation where the claimant failed to send a 'reply to defence' within the 31 days deadline, thus the case became automatically stayed. That was 2 years ago no & counting!!
The case is still stayed to this day..

So was there an order that the Claimant should file a reply to the defence? This isn't always required.

When a defence is filed Northampton should have transfered the claim to your local court. When they received it they should have sent out allocation questionnaires. Has this happened?

I'm trying to work out exactly what stage the case is at so I can suggest what to do - it may be as simple as writing to the court to ask them to refer the case to the judge to strike it out.

Case stayed for 2 years, alleged debt would otherwise be statute barred .What to do?

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