3 year old Court Summons

[fluffykittens]

Hi Everyone

I have been sent here by the good folk at Money Saving Expert.

I have posted this in the welcome forum but realise that might have been the incorrect place

A brief outline of my concerns is below. It's not the most pressing legal issue you will have encountered without a doubt but I just want closure on it to be honest with you and a little bit of advice

In June 2012 I got a court summons from a debt collector. I checked my credit report and there was no such debt on there, so I followed the CPR rules and requested information, nothing forthcoming and I defended.

I have never heard anything back and we are now approaching 3 years since the summons was issued and defended

Are claims stayed indefinitely and should I just leave it, or is there a process to get it thrown out?

It's always on the back of my mind and has caused me worry because I knew I did not owe this debt and the DC's lack of following up the claim makes me think they were aware of the fact all along.

Should I just forget about it, or is there a procedure I should follow?


I Thank You all in advance

[nemesis45]

Re: 3 year old Court Summons

Hi Welcome to LB.
Clarification please:
1. You say a court "summons" from a debt collector, a summons is issued by a magistrates court, debt claim are county court based, was it a Claim Pack from the Northampton County Court Business Centre?
2. Who was the "debt collector"?

Have you at any point contacted the court that issued the claim?
The claim may have been stayed so you need to check with the court.
Have you checked your credit files regularly, CCJ's are recorded in the
" Public Information " section.

If the claim is stayed after all this time then apply for it to be struck out (fee payable).
If a CCJ by default has been registered you will have to get is set aside (fee payable) you must
have a viable defence to the original claim.

nem

[fluffykittens]

Re: 3 year old Court Summons

Thank You for your speedy rely:tongue2:


Hi Welcome to LB.
Clarification please:
1. You say a court "summons" from a debt collector, a summons is issued by a magistrates court, debt claim are county court based, was it a Claim Pack from the Northampton County Court Business Centre?

Yes, it was NCC

2. Who was the "debt collector"?

Sigma Red

Have you at any point contacted the court that issued the claim?

Yes possibly a couple of years a go and they confirmed it was stayed

The claim may have been stayed so you need to check with the court.
Have you checked your credit files regularly, CCJ's are recorded in the
" Public Information " section.

No CCJs recorded


If the claim is stayed after all this time then apply for it to be struck out (fee payable).
If a CCJ by default has been registered you will have to get is set aside (fee payable) you must
have a viable defence to the original claim.

NO CCJ recorded. I'm just worried they will try it on produce some "evidence" they never forwarded to me on my initial request although I don't actually know what this debt is for!

[Kati]

Re: 3 year old Court Summons

Thanks Nem
xx