default, potential ccj, need advice.

cwebb4

hhhmmm, interesting idea. so is it normal for these companies to wait untill just a few months before SB and then go to court?
i wonder how long they can be tied up in paper work for and will me requesting this delay them from court action. also, if they get a court date, they need to give me 28 days i believe so if they apply for court action lets say in july but the actual hearinf date is maybe a couple of days past the 6 years from the original default is it still SB?

this is a tough one. i dont think i wrote down the exact date of the default and its now no longer on my credit file so i cannot check the exact date :mad:

awayinchina

cwebb4 wrote: »

hhhmmm, interesting idea. so is it normal for these companies to wait untill just a few months before SB and then go to court?
i wonder how long they can be tied up in paper work for and will me requesting this delay them from court action. also, if they get a court date, they need to give me 28 days i believe so if they apply for court action lets say in july but the actual hearinf date is maybe a couple of days past the 6 years from the original default is it still SB?

this is a tough one. i dont think i wrote down the exact date of the default and its now no longer on my credit file so i cannot check the exact date :mad:

Exactly court gives you 28 days to settle prior to hearing. Asking them for proof of signed credit agreement from original creditor can take upto 3 months thats if they can find it. Requesting all data under data protection act can take the same period of time and most DCA's have to go back to the original creditor to request such information. You can really tie these people up in paper work if you want. But like I said last resort as they migth well have it all together, but then you can hazard a guess it was ready for court..if you had the exact date you dould potentially tie them up in paper work...but like I said risky and more so if you do not know the exact dates. remember august has a nice bank holiday at the end too

Gordon_Hose

Chances are they won't go to court. Not all DCA's do, in fact, very few do.

taffy056

If the default has dropped off your file that would normally mean its 6 years passed now, so you could be mistaken when the default was, and if that is the case it's probably now statute barred.

fatbelly

Two quick points:

1. They told you they were going to commence court action if you didn't reply by 20 March. That was a bluff.

2. They offered you a hefty discount. Would they do that if they were genuinely intending to get a judgement against you for the full amount?

To clarify - they have to commence a court claim within the six years, not necessarily complete it. There is no credit agreement on a current account. And is a Subject Access Request an acknowledgement? I wouldn't like to argue against it.

As Fermi said earlier regarding the 'ignore' strategy,

In the end it is a gamble. One weighted somewhat in your favour perhaps, but not a dead cert by any means.

So would you take a gamble if you knew the dice were loaded in your favour?

cwebb4

ahhhh, this is all great stuff, i feel so much more confident just from reading everyones input :beer:.

away in china- that seems like good logic- if they do have it all ready and get it to me quickly after me asking for the paperwork it does suggest they are ready for court....

gordon hose- thanks for your input, makes me feel like not giving in and riding this out.

taffy056- thanks, im certain it was august 2006 tho, is it possible the default was not registered properly on my file as it has dropped off and not appeared, something that maybe significant here, the first company to start trying to contact me recently with this was cl finance, then quickly the letters started coming from capquest(who have continued). fermi mentioned that it might have dropped off because the debt changed hands but it hasnt come back on- maybe simply becasue capquest havent registered it? not sure how that works, anyway im sure it read as august 06 on my file.

fatbelly- thanks for your advice, i suposse i dont see this as that weighted in my favor since it seems like any company that had a debt would probably wait untill the last minute to go to court, i also guess that this flurry of calls/letters would also be getting sent out at this time since it is the last opertunity for them to get me to pay/admit it. its a tough call. also the matter of it not being on my file after august even if i make them a very small repayment offer vs another 6 years from a ccj and the court then being able to enforce it- would capquest still hold the debt? 6 years of !!!!!!ed credit is pretty massive risk to take i feel.

once a debt go's SB does no one bother paying them at that point? can anyone just refuse to pay at that stage and nothing can be done about it?

thanks to everyone again, you are all great...

taffy056

Its a fishing trip by the DCA they know the debt is about to be statute barred and they are trying unnerve you, actually as you are not replying to them they are not even sure if they are writing to the correct person. The fact is its weighted in your favour as they are running out of time

Thegirl

I thought the debt was statute barred from the last payment towards it/acknowledgement of the debt. In which case if the default was logged in August 2006 you probably stopped paying/using the account a good few months before then. You say it was a student account, you would have probably maxed out your overdraft way before August (drawing on my own financial irresponsible behavior at uni!).
I would suggest that the debt is already statute barred. I would say that the debt collector offering you a huge discount would support this fact-they only paid a few pennies in the pound for the debt as it was already statute barred.
That said, it's easy for me to guess as I'm not getting the letters!

Gordon_Hose

It's from the last cause of action.

Overdrafts are different in that it's difficult to know when the last cause of action is.

sammy147

Sorry to hijack but I am in a very similar situation and I just wondered whether, in terms of an overdraft, what is suitable evidence from the DCA of the debt existing?

I have been contacted from a DCA saying I owe £1.2k, demanding payment etc. I asked for proof and they sent what looks like a spreadsheet rather than a proper statement and it only had my name on whereas I actually think this was from an overdraft I had with my ex partner. The account was originally with Alliance and Leicester. No logo or anything on this sheet, looks like something somebody could've just made themselves but I am unsure how to respond. Am worried about being taken to court or anything like that.