Old Claim - What happens next?

[Moneybear]

Back in 2014 I received a court claim for an old credit card debt which I hadnt made any payments on for around a year due to ill health, and my health has gone worse since, I am wheelchair bound and virtually unable to walk and need help from others to dress/bathe/eat etc

Anyway back in 2014, I filed the usual defence and requested more details about the paperwork on which they had based the claim.

I received some documentation from the solicitors along with an offer that they would accept a voluntary charging order instead of pursuing the claim,

I wasnt sure that the documentation was all correct and didnt want to go with a voluntary charging order so left things as they were.

I heard nothing further.

Fast forward to this month. They have written saying that I havent responded, and the amount is still due, and they want me to arrange repayment and update them on my situation. If they dont hear from me, they will seek clients instructions to make an application for judgement

I know that in the next few weeks it will be 6 years since I last made a payment, I am not 100% sure if I have done anything since that would have restarted the statue barred clock, but I assume thats why they are writing now at the 11th hour.

My gut instinct is to just leave things an do nothing.

So my question is, if they decided to go back to the court, would I hear anything from the court that it was 're-opened' , or would the first thing I know be a CCJ?


Thanks



(edited to clarify info)

[jaguarsuk]

The clock for statute barred stopped on the date the claim was filed and it will have become stayed since neither party responded, thus has remained stopped.

You should check with the court the status of the claim.

The claimant can apply to lift the stay if it is indeed stayed, strike out your defence (dependent on what you put in it) and enter summary judgement against you if they so wish. Of course you can defend such an action in so much as your defence being valid (if it is) and that the matter should proceed to a hearing as opposed to summary judgement being entered.

It is impossible to advise any course of action without knowing:

1. The particulars of claim
2. The defence filed
3. The status of the claim
4. The contents of the documents they sent you

[pt2537]

You could raise the delay as an unfair relationship however, creditors cant just ddo what they like, they do have a duty to progress claims of this type and they fact theyve delayed does raise an eyebrow

As Jaguar says, we need more info first.

[Amethyst]

Is it this one Drydens and Sygma? https://legalbeagles.info/forums/for...ens-claim-form