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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was taken to court in 2012 unpaid debt,i defended

Resolved Question:

i was taken to court in 2012 for an unpaid debt,i defended with a statute barred letter,they failed to provide evidence that i owed the money , this week they have have you to me saying they are taking legal action against me, can they do this
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
No they can't. Its an abuse of process. If they have taken to Court before on the same debt, they can't do it again. If they have you can apply to have it struck out as an abuse of process. They are relitigating on decided matters.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

sorry still a bit confused , i have been in touch with the court ,they stayed it in feb 2012 ,they have written to me to asking for me to lift the stay ? this is over 3 years on .would they be able to get a stay lifted after 3 years when they were given 33 days to provide evidence ?

Expert:  Ash replied 2 years ago.
I see. It depends on the wording of the stay. Usually it would say and to be struck out after 12 months if no application is made.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex