CCJ threat 6 year old debt

thewhiteavenger

miss-tified wrote: »

Its a Claim Form (says "Claim Form" at the top), submitted by DCA MKDP, part of Keens Collections. It seems like I have to send them a statement of income/expenditure and try for a Debt Manangement Plan maybe £1 per week. Will know more after my next meeting with CAB.
Thanks for your reply and advice ;-)

Let's hope you get someone who understands the Limitation Act.


Not sure they should be using the phrase 'claim form';. Is this a mock-up of a court claim form?


MKDP are definitely at the dodgy end of the DCA business.

sourcrates

miss-tified wrote: »

.
According to the notification I have only 14 days to reply, so my time is shrinking, as is my brain, and I think my options too.
QUOTE]



Hi there OP,


The letter you have received is just a variation of a standard letter template designed to get you worried and ring up the DCA pronto, the time limits mean nothing, a DCA has no more power than you or I have, as advised above, send the provit letter to them, this will automatically put your account "on hold" because by sending the letter you are putting the account "in dispute", they will then have to waste time getting the proof required to prove that you owe the debt, now you say it was an overdraught yes ? in that case there will be no formal agreement, but they will have to come up with statements etc to prove the account was yours. They may or may not be able to do this, but it will take them some time, and may well drag out past june, send the letter and see what comes back.

eyeopener2

Just send the letter and sit back and wait, it really is that easy.

Do not phone them - or they have got you

Do not offer a penny - or they have got you

Do not do anything until they reply to the prove it letter.

Then come back on here to ask.

miss-tified

Thanks so much for all the advice. I understand that its a good idea to stall and send the prove it letter but I'm still concerned as follows:
The Claim Form looks real, there's a Court Address on the right hand side but the "address for sending documents and payments" is MKDP. However page 2 of the the form states that if I'm admitting only part of the claim then I should sent info both to the Claimannt and to the Court
There are four pages of the form. The footers are:
1st page: "N1CPC Claim Form (06.12)"
2nd page: "N9A (CPC) Form of admission (specified amount) (04.06)"
3rd page: "N9B (CPC) Defence and Counerclaim (specified amount) (04.13)"
4th page: "N9CPC Response Pack (04.06)
The form says I can respond online at moneyclaim.gov uk and they gave me a claim number and a password.
Page 1 of the form was not signed, just a typed name from the claimants solicitor but no actual signature.

Concerns:
If the form is real and I send the prove it letter then my 14 days is up and passed. Then in my absence the claim will be a CCJ and I will owe the entire amount plus interest and costs, with no hope of Stature Barring.
If I still don't pay they can apply to the court for enforcement including court baliffs, etc etc

Also, if the debt goes over £10K, as it will with extra interest and court costs, then it goes to the High Court, so much more serious.

Its just getting more and more confusing and I'm very grateful indeed for people making time to help me, thank you again.

thewhiteavenger

Forget about the debt being Statute Barred (unless you're in Scotland). You've got a court claim form within the 6years. Respond to it or you get a forthwith judgement (i.e.pay it all at once') in default.


http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form


Sorry for the delay in giving proper advice (too late for a prove-it) but your initial post was misleading. Hopefully the CAB sorted you out.


If it's a consumer credit act debt (you haven't said what it is) then it can't be escalated to the high court

EmmaHerts

Why don't you call the court and find out if it is true?

dancingfairy

Have a look on the National Debtline's website.
How sure are you on the dates for the statute barred?
You could possibly defend it and make them prove it's not statute barred.
IF you get a CCJ then you can apply to pay in installments.
You can always phone National Debtline or StepChange for advice.
df