Just received claim form - 6 year old debt

Gemm83

So I have heard back from the Court. They have put forward my defence to Dryden Fairfax who have 28 days to respond. I am correct in assuming that they have 28 days to get in contact with Arrow, who then in turn have to forward any evidence of payment or contact to Dryden who then pass it onto the Courts? I've worked it out on dates. The 6 years would have been up October/November ast year(dependant on when DMP made a payment to them) Also, if miraculously they do find a payment (as I've read on here they can on occasion find a mysterious £1 payment), do I get the opportunity to defend that?
Many Thanks 

fatbelly

Yes, it's quite common for creditors to give up at this point as they really like undefended claims and 'judgement in default.'

I can't promise that it will happen and if they want to continue with it then you get the opportunity to put a more detailed defence to them.

Gemm83

@fatbelly
Thankyou very much. Is it the popular opinion that they do chance their arm as it were thinking, well they haven't responded this far so let's give it a go and see what we get, in the hope that they will ignore it and get the default CCJ... .. Either get the money via the court or the defendant getting a nasty mark on their history for 6 years as a kind of punishment? 

fatbelly

They hope that they get a nice easy passage to a ccj and then the debt is worth more as the ccj doesn't expire.

If they can enforce it (bailiffs, charging order, attachment to earnings) they will, but sometimes they just sell the debt on again.

Gemm83

Update:

So Court advised claimant would have 28days from receipt of defence to make a decision if not the claim will be stayed.

Had confirmation from Dryden Fairfax that they had received defence and is seeking clients instruction and they will write to me "upon receipt of the same". It's 28 days on Friday and I still haven't heard anything.

Should I now get in contact with the Court to chase?

Many Thanks 

fatbelly

If it's 28 days on Friday then you wait till Monday and, if you haven't received anything, ask the court to stay the claim.

That's just a hold.

The case is still able to be pursued until the claimant issues a notice of discontinuance.

Gemm83

 @fatbelly

Thankyou. Made contact with the Court and the claim is automatically stayed after the 28days. Let's see if I hear anymore 🤔 

Gemm83

So, it's been nearly another 3 weeks since I contacted the Court and I still haven't heard anything from either the Courts or Arrow.-+(Dryden Fairfax) I've been checking on the online claim portal every day, and there is still no update since my defence was received which would be nearly 2 months ago.

Should I make contact with Arrow (DF) to find out what their position is or just continue to wait? There's no point calling the Courts as due to covid they say they can not provide updates to individual cases. 

My concern is that I am due (hopefully) to move property soon and don't want anything to update without me knowing about it!

Many Thanks 

fatbelly

I think I'd just continue to check moneyclaimonline every few days. It's likely in a queue on someone's desk being considered for discontinuance. I wouldn't poke it with a stick at this point.

See if others agree.

sourcrates

Same here, if you move in the mean time, get your post re-directed, these things tend to take there time.