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I understand that if a creditor starts court proceedings before the 6 year limit, then it doesn’t matter if it past the 6 year deadline by the time you reach court, you can still be held liable for the debt.
I have a debt for which no payments have been made for 5 years. Hoist (via Howard Cohern solicitors) recently started court proceedings to recover this 8k credit card debt, starting at Northampton and then transferred to my local court with a virtual hearing date set for December.
My defence was based on info obtained on this forum, requests for certain documents under CCA etc. Yesterday, in the post I received a letter advising they were discontinuing the claim.
The exact wording said “Further to the claim issued against you our client has instructed us to discontinue the claim with the court. Please therefore find enclosed by way of service upon you a notice of discontinuance. We will also be notifying the court that the claim has been discontinued accordingly.
What I’m unable to determine is, say for example they try to take me to court again in 18 months, by which point 6 years will have passed since my last payment and since the notice of default was issued, would the debt still be barred under the statute, or would they be able to legally start a new claim, because they did initially try to make a claim against me within the original 6 year period?
I have a debt for which no payments have been made for 5 years. Hoist (via Howard Cohern solicitors) recently started court proceedings to recover this 8k credit card debt, starting at Northampton and then transferred to my local court with a virtual hearing date set for December.
My defence was based on info obtained on this forum, requests for certain documents under CCA etc. Yesterday, in the post I received a letter advising they were discontinuing the claim.
The exact wording said “Further to the claim issued against you our client has instructed us to discontinue the claim with the court. Please therefore find enclosed by way of service upon you a notice of discontinuance. We will also be notifying the court that the claim has been discontinued accordingly.
What I’m unable to determine is, say for example they try to take me to court again in 18 months, by which point 6 years will have passed since my last payment and since the notice of default was issued, would the debt still be barred under the statute, or would they be able to legally start a new claim, because they did initially try to make a claim against me within the original 6 year period?
