Alleged debt from 12 years ago?

RAS

fermi wrote: »

Yes, they can.

However, if you defend the court action on the basis that it is statute barred, then they should lose the case.

If you ignore any legal action and don't defend, then they would win by default.

This is really important. If they start legal action, whether the debt is yours and statute barred, or it is not even yours, they can still win a court action against you if you do not defend the case.

You could get it overturned but easier to defend the case first thing.

Can you name this batch of chancers?

chunky_funkster

RAS wrote: »

This is really important. If they start legal action, whether the debt is yours and statute barred, or it is not even yours, they can still win a court action against you if you do not defend the case.

You could get it overturned but easier to defend the case first thing.

Can you name this batch of chancers?

Right. I'll wait to see what happens next and then reply with the Staute Barred letter if they write to me.

I can't remember what the firm name was but if they write or ring again I'll post their name here.

Chunky

RAS

If they write, then come back for advice.

lightninjim

Everyone on these forums always say's you should attend court to defend your case. Does a debt chaser need to tell you they're taking you to court before the fact?
It's been a long time since anyone's taken me to court but never once have I been informed before the fact. Every letter has been 'we took you to court and the outcome was that we won - SURPRISE'. On a couple of occasions I even contacted the court and they said I had been taken to court. I simply don't understand how this is supposed to work.

Sorry for hijacking but I didn't want to start a thread as I'm now on a repayment program and don't suppose any answers would help me now?

Jim

Heyman_2

I thought that if you are being taken to court then court papers will be issued to the address that the DCA has for you, as this is what they will submit when make the court application from their side.

I guess if that address is wrong then you wouldn't know about it, so potentially a good point there. Could be a tactic they could use if the amount was enough to be worth them getting a CCJ??? Don't know though, maybe someone else could comment about this?

MrsTinks

Yes they should contact you - you should recieve official papers etc etc if you don't and you get a CCJ then you can get it set aside as you were never informed of the action etc and you will get a chance to defend it.

Heyman_2

I see, yes MrsTine is absolutely correct - more info here, point 2 -

http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

fermi

You would need to be able to show that (a) you gave the creditor a new address, but they sent the forms to an old one and (b) that you have other good grounds to defend the original claim (as per above link). If you can't satisfy the court that both of those are true, then they may well refuse any set aside.

CPR rules allow the service of court documents at your last known address, so basically you need more of a reason than just that.

lightninjim

Thankyou to all for the info!!!