DCA AND CCJ -- Notice of court date?

noely1

I have stopped paying a DCA. Do they have to inform me when I have to be in court when they apply for a CCJ against me. Or do I simply get a CCJ out of the blue. Will they send me a letter saying attend the Court on this date. How do I know the Courts judgement etc. I haven't a clue how this works.

Will I get a court date.
Do I have to be there.
Will I get a judgement.

I must be entitled to know when and where a CCJ will be stuck on me.

Basically I want to hold off paying until a few weeks before I get a CCJ then start paying the !!!!!!!s back.

On a related note this debt is 5 years old. It says defaulted in 2003 on my Credit File. What happens when it is 6 years old and is taken off my Credit File and I still owe thousands to this DCA.

As always thanks for all the advice.

fermi

As long a the creditor/DCA has an up to date address for you, then you shouldn't suddenly find that you have a judgement against you.

The court will send you a set of claim forms detailing the creditors claim, and various different forms to use depending on how you wish to respond to the claim. There a several set time periods for responding to this.

See: County Court Claims and County Court Judgments (CCJs)

and Factsheet | Replying to a county court claim form

Most of the time you won't need to attend court, and it can all be done by post.

The default and account details will be removed from your Credit Reference Files 6 years from the default date. They should not place another default on your file. The debt is still owed though.

However, if they get a CCJ then that is recorded on your file for 6 years from the date of the judgement.

fatbelly

I think we should point out that most creditors do not take court action but, if they do, then court costs and solicitor fees will be added to the debt.

As you infer that you could make payments, it might be best to continue to do so (on the condition that interest and charges are stopped)

chappers

I would start paying again now as once they have gone down the route of issueing a summons they may carry it through and you just starting to pay again may not be enough. If they do get a judgement against you it gives them further recourse through the law to get the money from you should you stop paying again in the future.
Also as said this will go on your record again for a further six years.

stapeley

Once you get court papers, if you defend it will be moved to local court . I would CCA AND NOTICE OF ASSIGNMENT request THEM . Remember No signed copy of a credit AGREEMENT , NO ENFORCEABLE DEBT .