CC claim close to timeout

enfield_freddy

letter from Lowell , 4 days before the 6 yr timeout , followed by CC papers the day afterwards , no contact with Lowell since the start.


I know that it would be frowned on to by the courts to bring a claim after 6 yrs , but by the time the paperwork is sorted , and a court date it will be several mths after the 6 yrs


is this ok for them to do this?

Tixy

A creditor has 6 years from the date of last payment/acknowledgement to start court proceedings.

If they have sent court papers then that counts as starting court proceedings.

enfield_freddy

OK , they have left it till the last minute , without any "recent" threats of action

Tixy

It is okay for them to do that. You won't be able to use the limitation act as a defence in court.

Do you know if they have got the relevant paperwork for the debt? Given that it is lowell they may well not have - and if not you may be able to defend against the claim anyway.