Statute barred and going to court...

LostMeWay · 17 October 2017 at 10:23PM

So my case has been listed at the local court for early next year....

Is that it then? Do I have to wait until this date to find out if it's statute barred or is there communication between myself and the DCA in the meantime?

Thanks in advance....

fatbelly · 17 October 2017 at 10:57PM

LostMeWay wrote: »

So my case has been listed at the local court for early next year....

Is that it then? Do I have to wait until this date to find out if it's statute barred or is there communication between myself and the DCA in the meantime?

Thanks in advance....

Yes, the court will make a decision on it in the hearing.

The other side should send you a copy of their evidence ahead of that date.

LostMeWay · 18 October 2017 at 7:16AM

So between now and the date of the court hearing, I could receive evidence to prove the debt is legally enforceable. If this does happen, then try and negotiate a settlement directly out of court? Would prefer to avoid any appearance at the court.

If I didn't receive any evidence I'm assuming this would be a good thing?

Also if there was evidence, how soon could I expect to receive it?

Thanks for all your help fatbelly and everyone else. Really do appreciate it.

StopIt · 18 October 2017 at 7:37AM

LostMeWay wrote: »

So between now and the date of the court hearing, I could receive evidence to prove the debt is legally enforceable. If this does happen, then try and negotiate a settlement directly out of court? Would prefer to avoid any appearance at the court.

If I didn't receive any evidence I'm assuming this would be a good thing?

Also if there was evidence, how soon could I expect to receive it?

Thanks for all your help fatbelly and everyone else. Really do appreciate it.

You're hoping that you don't receive evidence, as that means the court would accept your defence.

If you do, yes, you'll have the ability to contact the DCA and arrange something out of court, but remember at this point they have leverage, so may want a higher settlement than you may want it to be.

As for timescales? It depends on how proactive the DCA wants to be. You may get evidence in a few weeks, otherwise expect nothing until the last minute.

fatbelly · 18 October 2017 at 8:02AM

I think it's supposed to come a minimum of 14 days before the hearing, but that's me just working from memory.

LostMeWay · 18 October 2017 at 9:08AM

Honestly would be lost without the help and advice on here. So thank you.

Last question...

If I receive evidence they can enforce the debt and as you've already said this gives them more leverage over receiving a higher final settlement figure.

Can I still work out a payment plan with them outside of court action or anything short of a full and final settlement they would proceed with court action.

i.e Could I offer them if need be £1K up front then x amount over y months outside court?

StopIt · 18 October 2017 at 9:14AM

LostMeWay wrote: »

Honestly would be lost without the help and advice on here. So thank you.

Last question...

If I receive evidence they can enforce the debt and as you've already said this gives them more leverage over receiving a higher final settlement figure.

Can I still work out a payment plan with them outside of court action or anything short of a full and final settlement they would proceed with court action.

i.e Could I offer them if need be £1K up front then x amount over y months outside court?

That really depends on the DCA, and I don't think anyone here can realistically anticipate what they would accept to settle this out of court.

The only thing you can do in that circumstance is offer what you can, and see what they say.

LostMeWay · 18 October 2017 at 6:21PM

If it's settled outside of court which satisfies the DCA, will it affect my credit score/file in any way?

I've read about settled and partially settled accounts been recorded on some credit reports.

Is this a good or bad thing considering there's absolutely no mention of the debt currently on my credit report....

fatbelly · 18 October 2017 at 6:58PM

LostMeWay wrote: »

If it's settled outside of court which satisfies the DCA, will it affect my credit score/file in any way?

I've read about settled and partially settled accounts been recorded on some credit reports.

Is this a good or bad thing considering there's absolutely no mention of the debt currently on my credit report....

In that scenario, the claimant lets the court know that the matter is settled and so there is no ccj.

The entry dropped off your credit file after 6 years so it won't reappear.

I was right about the 14-day rule:

standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing;

so you'll have at least 14days to see if they can produce valid evidence and if necessary try to settle pre-hearing

LostMeWay · 23 October 2017 at 8:40PM

What actual documents/evidence does the DCA have to provide me with to prove that the debt is indeed legally enforceable?

Original credit agreement? Default notice? Proof that it's not statute barred?

Do they send any evidence direct to me or to the court and then the court forwards it to me?

Statute barred and going to court...

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