Help with Final Notice letter

paugeo
paugeo Posts: 13 Forumite
in Credit file & ratings
I have a Final Notice letter from MK Rapid recoveries saying they may take legal action if I fail to acknowledge the situation. Does anyone know if they will do this and if I will be given a further notice of court proceedings before I actually receive court papers?
I'm thinking of just sitting it out but not if I know the next thing I get from them are court papers?

I was under the impression they are meant to send a letter along with more information from a legal body like the FCA before court papers can be issued??

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Very difficult to say how likely they are to take legal action. All debt collectors threaten it more often than they follow through with it.

    But the chance of them actually taking action will depend on the size of the debt, the quality of the paperwork they hold, how likely they think they will actually be able to recover the money from you if they take court action, how long since last paid/acknowledged (and therefore how close to becoming statute barred).

    The next correspondance could in theory be court papers.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Name Dropper Photogenic First Anniversary First Post
    paugeo wrote: »
    I was under the impression they are meant to send a letter along with more information from a legal body like the FCA before court papers can be issued??

    What information are you expecting to receive? You owe a debt and you are ignoring communications. So the ante will be raised accordingly. By writing to you the DCA is acting in the proper manner from a legal perspective.
  • 10pence
    10pence Posts: 348 Forumite
    edited 28 April 2015 at 7:27AM
    Usually, somewhere on the letter it will have a section about getting help from CAB or other debt charity. Doesn't have to be separate and costly documentation.

    Judging by your previous posts you're trying to avoid the debt by any means. As someone has told you, even if you stopped paying in 2016 they could still apply for a CCJ or sooner.
  • paugeo
    paugeo Posts: 13 Forumite
    Yes I know they are acting legally but I really wanted to know if I should be receiving more than just a letter before court papers?
    I think I read somewhere that final notice before court papers should accompanied by something from the FCA?

    My other question is, is there still time to avoid a ccj after you receive court papers? On receiving them could I go back to the DCA and say " ok I'll settle/enter a payment arrangement" and the CCJ process be stopped at that point?
  • forgotmyname
    forgotmyname Posts: 32,545 Forumite
    First Anniversary Name Dropper First Post
    Check the threads where people have found they had CCJ's and did not even know about it.

    Some of the debt agencies are good as twisting things to their advantage. A slight typo on your address could see you with a CCJ and you wont even know about it.

    If you want to avoid a CCJ you need to sort it. I settled mine with a pittiful offer with a take it or i use the money to go bankrupt instead, where they will get nothing at all.
    Censorship Reigns Supreme in Troll City...

  • macman
    macman Posts: 53,088 Forumite
    Name Dropper First Post First Anniversary
    paugeo wrote: »
    Yes I know they are acting legally but I really wanted to know if I should be receiving more than just a letter before court papers?
    I think I read somewhere that final notice before court papers should accompanied by something from the FCA?

    My other question is, is there still time to avoid a ccj after you receive court papers? On receiving them could I go back to the DCA and say " ok I'll settle/enter a payment arrangement" and the CCJ process be stopped at that point?

    Receiving papers does not mean you'll get a CCJ, that is for the court to determine, so if you have a defence you'll be able to use it.
    But, if you lose, or even if you have an offer accepted before it goes to court, you will have the legal fees and court costs added to your existing debt.. So sitting and doing nothing is not really a sensible option.
    The DCA may well be bluffing: but they're hardly going to tell you if they are.
    No free lunch, and no free laptop ;)
  • paugeo
    paugeo Posts: 13 Forumite
    If I receive court papers I can settle within 30 days and avoid a ccj on my file.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Not from the date you receive court papers, it would be longer than that.
    If they sucessfully obtain a judgement against you then you have 30 days from the judgement date to settle in full for it not to be put on your credit file.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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