Anyone been to court on a statute barred debt?

Ruddockus

Hi Blind as a bat,

Thanks.

Are you suggesting they will not take this to court?

Why have they not taken it to court in the last 6 years is what I do not understand.

Like I said I keep telling dlc to take me to court when they phone me, and they do nothing! I think they are just trying it on!!

Regards

blind-as-a-bat_2

Ruddockus wrote: »

Hi Blind as a bat,

Thanks.

Are you suggesting they will not take this to court?

Why have they not taken it to court in the last 6 years is what I do not understand.

Like I said I keep telling dlc to take me to court when they phone me, and they do nothing! I think they are just trying it on!!

Regards

They almost certainly are trying it on, again if your sure it is statute barred.

But that is what DCA's do, they will lie and threaten anything to get you to pay something.

i could go into details, as in has the debt been assigned absolutely to said DCA, but it is somewhat academic.

All I can suggest is report them to both Trading standards, and the Office of Fair Trading.

The first may help get them of your back, the second do not get involved in individual cases, but if they receive enough complaints, will issue a warning, which if they then ignore may land them a £50,000 fine, and in persistent cases the suspension of there consumer credit licence.

In reality the effectiveness of either is questionable, as it depends who gets the case, but if you do nothing, nothing will get done, so is worth a try

fiveyearplan

Ruddockus wrote: »

Hi There,

What do you mean it is a full defence in court? What is an OP and how do I counter claim?

Regards

OP means original poster (ie you!)

MrMuttley

If it is statute barred and if it does go to court (it wont) then pre hearing you get paperwork from the court asking if you have anything you want to tell the court about the case (no idea what the technical term for this is it was a long time ago I had to do all that :-) ). Usually refers to payment plans in place or claims that the debt is not owed etc. At that point you tell the court the loan is statute barred and then they tell the DCA to go away and not come back untill they have proven the debt is not statute barred to the satisfaction of the court.

To avoid it even going that far you write to the DCA and tell them it is statute barred and ask them to provide you with proof that it is not. If they approach you again after that then remind them you are still waiting for proof and then after that has happend two or three times (unlikely) complain about them to the Office of Fair Trading.

It really is that simple on the assumption you do have a statute barred debt.