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Going to court?
Ob1Toby
Posts: 8 Forumite
Hi All
There's a credit card debt that will be statute barred in approx 2 weeks. The DCA has gone quiet.
If they are preparing to take me to court, do they have to issue proceedings before the default runs out or get me in court before the default runs out?
Thx in advance
There's a credit card debt that will be statute barred in approx 2 weeks. The DCA has gone quiet.
If they are preparing to take me to court, do they have to issue proceedings before the default runs out or get me in court before the default runs out?
Thx in advance
0
Comments
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I think this is subject to some conditions.Ob1Toby said:Hi All
There's a credit card debt that will be statute barred in approx 2 weeks.The DCA has gone quiet. If they are preparing to take me to court, do they have to issue proceedings before the default runs out or get me in court before the default runs out?AFAIK, they have to send you a 'Letter before action'.Debt-free wannabe board here is a better place for such questions.0 -
They would have to start a court claim within 6 years of the expiry of the default notice (England/wales).
Technically Grumpy is correct. They should precede that with a Letter before Claim giving you 30 days to respond.1 -
You say DCA, but does this company own the debt or are/were they just acting for their client?
Naming them will tell us more.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
re if it's statute barred in 2 weeks......does that mean you have not made any payments or acknowledged the debt in writing in the last (nearly) 6 years? (if you're not in Scotland)grumpy_codger said:
I think this is subject to some conditions.Ob1Toby said:Hi All
There's a credit card debt that will be statute barred in approx 2 weeks.The DCA has gone quiet. If they are preparing to take me to court, do they have to issue proceedings before the default runs out or get me in court before the default runs out?AFAIK, they have to send you a 'Letter before action'.Debt-free wannabe board here is a better place for such questions.
I'll move this to the Debtfree board.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
Click on this link for a Statement of Accounts that can be posted on the DebtFree Wannabe board: https://lemonfool.co.uk/financecalculators/soa.php
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I have not made payments or acknowledged the debt for over 6 years
The credit card company defaulted the account early nov 2019. The dca brought the debt in 2023.
I have not received a letter before action as of yet.0
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