Possible court action.

[Nottingham2013]

Re: Possible court action.

Preferably I want to do something that keeps the account with Freds, maybe give them some hope they can get something from me without going to court.

[Amethyst]

Re: Possible court action.

Let FP look in as she's been with your thread throughout (I only popped on to give you the piccie upload link lol) xx

You wouldn't necessarily have to go to court but if BC dispute the Stat Barring it is a possibility, as is always the case with court action, best to stop it before it gets started.

A CCA request would be needed if you did end up with court action anyway so you can ask for it now, you just seem concerned about letting them know they have a live contact. Really I don't think anyone can predict the exact affect of either action, personally if I felt it was getting so court action was imminent I'd respond telling them it was Stat Barred now (so long as I was 100% positive we were well over Stat Barring dates).

[Nottingham2013]

Re: Possible court action.

I think I'm going to stay quiet until BC send me a letter, surely they will at least send one before they issue proceedings?

Well it's been well over 6 years since first missed payment and no payment or acknowledgement has been made since, should be safely SB by now?

[Amethyst]

Re: Possible court action.

Sounds like a plan. When/if they pass it to BC they do send a letter but as FP mentioned earlier they aren't the best at preaction protocol so could be a very small window between that and a court claim on your mat xx

[Nottingham2013]

Re: Possible court action.

The initial letter I got from Lowells seemed to suggest I would have time to come to an arrangement with BC before they issue proceedings, I hope it's true. There are too many variables to work out what is the best course of action. Thanks for the advice Amethyst!

[FlamingParrot]

Re: Possible court action.

Anyone who has received a similar letter I'd be grateful hear how things progressed after it!

A lot of us have received similar letters. I received them years ago and wasn't taken to court, others haven't received them and have been taken to court.

Ahhh my bad, I only had a quick scan back through the thread. If this one IS definitely stat barred then a response to that effect should put a halt on things. I don't know that doing anything on this case will affect any other debt you have, but telling them to burger off on it due to the limitations act now is preferable to defending it in the court I would think. Are you concerned that responding in anyway will confirm to them you are contactable?

I concur with this100%, prevention is always better than cure.

I have 2 concerns with replying to them. The first one is I have never made any contact with them, not even on the phone and I think doing so now may just give them encouragement. The second is I'm worried if I claim SB on this one they will take a look at the other one and see that that becomes SB soon and will take action on it quickly! That's why I want to cause as much delay as possible using this one!! Would sending them a CCA for this one be a good idea? It would slow them down by at least 2 weeks!

No point in doing so if it's SBd. A debt *may* be unenforceable without a properly executed agreement, but a SBd is 100% unenforceable. Also if, as you say, it's ALREADY SBd, you don't need to slow them down.

Well, you could wait for the next letter, however as FP warned earlier, if Freds pass it to Bryan Carter & Co then you may not have a lot of time (if any) between that letter and a court claim. Of course you could just wait and see if they do issue a court claim, you have an absolute defence in the stat barring so shouldn't have any need to worry, and would be a case of completing the defence forms online once you receive the claim forms. ( A CCA letter would confirm contact as much as any other letter to them ?)

No, there wouldn't be any time. A lot of people on here have received letters from BC saying they will issue a claim in 48 hours and the letter arrives at the same time as the claim, others have received letters from BC saying they have already issued a claim. They don't often give you enough notice to comply with the pre-action conduct and respond asking for documents, etc.

[FlamingParrot]

Re: Possible court action.

If I were to allow it to get to that stage do I have to actually appear at a court or do I just file my defence online and that's it?

You file your defence online to start with. It will then be up to the claimant to prove that it's not SB, for example, by showing that payments were made in the last 6 years.

Well at this stage it would seem my only two options are either CCA request or SB letter, I think CCA would be the better option as it will be dangling them a carrot whilst SB will be revealing my hand too early. Unless there are any other delaying tactics?

I have to disagree, if it's SBd, just tell them so. They won't know it if you don't tell them, accounts are purchased in bulk without any information.

Let FP look in as she's been with your thread throughout (I only popped on to give you the piccie upload link lol) xx

You wouldn't necessarily have to go to court but if BC dispute the Stat Barring it is a possibility, as is always the case with court action, best to stop it before it gets started.

Agree 1000%! :yo:

A CCA request would be needed if you did end up with court action anyway so you can ask for it now, you just seem concerned about letting them know they have a live contact.

It would be needed for the other (non-SBd) card but not for the SBd one, SBd would overrule any defects or improper execution of the agreement.

Really I don't think anyone can predict the exact affect of either action, personally if I felt it was getting so court action was imminent I'd respond telling them it was Stat Barred now (so long as I was 100% positive we were well over Stat Barring dates).

So would I! :thumb:

I think I'm going to stay quiet until BC send me a letter, surely they will at least send one before they issue proceedings?

Not necessarily, see above. They do tend to always write "letters before action", only their concept of 'before' can be just 48 hours, or even less, before logging on to MCOL!

Sounds like a plan. When/if they pass it to BC they do send a letter but as FP mentioned earlier they aren't the best at preaction protocol so could be a very small window between that and a court claim on your mat xx

Indeed, or no window at all, some have received letters just saying they *have* already issued a claim.

I'd be firing that SBd letter a.s.a.p. if it was me!

The initial letter I got from Lowells seemed to suggest I would have time to come to an arrangement with BC before they issue proceedings, I hope it's true. There are too many variables to work out what is the best course of action. Thanks for the advice Amethyst!

No, you wouldn't have any time, see above. :lie::lie:

[Nottingham2013]

Re: Possible court action.

If I do just let it run and I receive court papers and then I file my defence online as statute barred what happens next?

[Nottingham2013]

Re: Possible court action.

Still no contact from Brian Carters, hopefully staying quiet is working!

[Nottingham2013]

Re: Possible court action.

I eventually heard from BC so I sent Freds the SB letter. They have now replied saying I made a payment 4 years ago which is nonsense. As the onus is on them to prove that it's not SB should I just ignore them?

[charharp]

Re: Possible court action.

They would be really stupid to go for court action now but I'd still send a letter refuting their claims, asking them to prove payment details...bank account number ect and inform them that unless they do so this will be your final response and you will see them in court.

[Nottingham2013]

Re: Possible court action.

The letter is very sheepish and has a very weak tone to it compared to the other ones. It's not even on the proper paper, there's no logos, no barcode and instead of signing 'Fredrickson International Limited' it just has an 'L'. Maybe I should just ignore them, they obviously know they aren't going to win in court so I can't see them taking me!!!

[CleverClogs]

Re: Possible court action.

Well it's been well over 6 years since first missed payment and no payment or acknowledgement has been made since, should be safely SB by now?

Please define "well over 6 years".

Did you mean 6 years and one month, 6 years and 5 months, 7 years, 10 years or longer?

[CleverClogs]

Re: Possible court action.

The letter is very sheepish and has a very weak tone to it compared to the other ones. It's not even on the proper paper, there's no logos, no barcode and instead of signing 'Fredrickson International Limited' it just has an 'L'. Maybe I should just ignore them, they obviously know they aren't going to win in court so I can't see them taking me!!!

When was the alleged debt first assigned to Bowells?

[Nottingham2013]

Re: Possible court action.

6 and half years at least. The letter they sent me they said they was assigned the debt in December 2008 and I made a payment a month later which is nonsense. The outstanding balance they are asking for is the same as the original default amount.