Moorcroft

[Dazhcham]

MIKE770 would that then mean I'm going to court though? Thanks for your advice mike it's helping me settle

[MIKE770]

Interim if I remember correctly are not registered so cannot take you to court BUT would have to engage solicitors< judge & priestly in the past I believe)??

[MIKE770]

1st stage - they then look at the paperwork and decide if they want to chance their hand? but even before a court appearance they have to get through a lot of procedures where they tend to fail up to the last minute before they continue or discontinue, also there are ways to sort thing if you have to without court appearance if needed but only as a last minute resort, so do not [panic) as they want you to and give into their greed

[Dazhcham]

MIKE770 thank you for taking the time to give me advice mate I really appreciate it, you've lifted a weight off my shoulders, I'll hold out and see how things go, once again thank you very much

[pt2537]

MIKE770 so they can't just send it to court without notifying me? I can handle being pestered but don't want court action, and going back into default, my own fault I shouldn't have gave into bully tactics when I lived at my mams and it would have certainly been statute barred by now, I'm sure it was before I gave into them after many years of pestering but 6 years won't be up till November 2020 now

is it right that you were making payments to them up til 2014?

And they can issue court proceedings without notifying you, we see it all the time on here, they ( debt purchasers) issue claims on old addresses all the time, they could do so here and not hnotify you although you would have a good argument to set aside any CCJ

[Dazhcham]

pt2537 yes I gave payments for a couple of year to ruthbridge then stopped paying 5 year ago when they kept asking for more and I couldn't afford it, but they'd still have to issue a letter to my mams address before court action? Or can I suddenly just get a ccj? Or be sent to court?

[Dazhcham]

pt2537 so you suggest I should set up payment plan now?

[Dazhcham]

pt2537 bow you have me worried again

[pt2537]

pt2537 bow you have me worried again

Dont be worried, i was simply answering a point, it is wrong to say they cant do it, they can, its a bit like saying you cant run someone over, well you can but it would be illegal. They could serve on an old address , indeed many debt purchasers do, but it isnt the right way forward.

[Dazhcham]

pt2537 vut wouldn't they have to send a letter of this starting court action to my mams address?

[Dazhcham]

MIKE770 Amethyst ehats tour views on this? Is this true? Should I be concerned

[pt2537]

MIKE770 Amethyst ehats tour views on this? Is this true? Should I be concerned

Is it true? Well i can quote a number of cases where that is the case, ive just set aside a Judgment for a client where the claimant issued a claim against the client at his old address, despite the Claimant being told my firm was instructed to accept service a,d despite them knowing the client lived in New Zealand. So yes, its true, debt purchasers dont always play by the rules.

Its important that you keep a handle on this process, if they send a letter of claim you need to make sure that you reply, if you need documents then you should ask for them, if you say the debt is statute barred and they say it isnt, and theyve given you all the documents then if you ignore them the only place you will end up is in court.

My view is that if you have a threat of litigation thats the time t o deal with it, dont let it get into a full blown claim before you deal with the case.

[Dazhcham]

pt2537 what I'm asking is would they first have to send a letter to my mother's address which they used to send letters to and threaten court action first and if I don't answer that then theyl start court action? Or can I just suddenly get court action without warning?

[Dazhcham]

pt2537 also if a letter of claim is sent does that immediately effect my credit score?

[pt2537]

pt2537 what I'm asking is would they first have to send a letter to my mother's address which they used to send letters to and threaten court action first and if I don't answer that then theyl start court action? Or can I just suddenly get court action without warning?

In theory they should warn you first by writing to you, and then if you dont reply the can issue, but as most people on this forum know what debt purchasers should do often isnt what they actually do.

They could issue a claim without telling you , yes, that is entirely possible,