Date of proceedings.

[Nottingham2013]

If a DCA was to issue court proceedings to recover a debt that was nearly statute barred, what date would be relevant as to whether it is statute barred or not? The date they issued proceedings or the date in court?

For example, if I have a debt that becomes barred on April 5th and they send me court papers on the March 25th but the court date isn't till later than April 5th will the debt statute barred?

[Nibbler]

Re: Date of proceedings.

Proceeding are brought for the purpose of the Limitation Act on the date the court receives the claim form.

So no, it would not be statute barred on the dates you have given.

[Nottingham2013]

Re: Date of proceedings.

Thanks Nibbler, are DCA's allowed to issue a claim out of the blue or do they have to issue a statutory demand and give you 14 days or something?