Possible court action.

[FlamingParrot]

Re: Possible court action.

Your emoticons are taking the edge off the stress of this haha.

Will I know when they are about to issue proceedings?

In theory they are supposed to send a letter before action prior to issuing proceedings. They are not usually headed that way, so are often mistaken for yet another threat. If you get a letter from solicitors talking about legal action, do post up here. :typing:

Another thing about this account was I wrote to the original creditor a couple of months ago (It was already statute barred) to request they remove the default from my file but they said they wasn't able to find my account using my name or address. It makes me think they would have trouble producing a CCA?

If the account is SBd, it doesn't matter whether they can produce a CCA or not. :nono:

I just want to cause them as much delay as possible using the account that is barred, if I can keep their attention on that one for a few months I'll be home and dry.

Looking around on here it looks like the next step will be for Freds to pass the account to BC solicitors, once that happens are proceedings imminent or can I mess them around for a while?

You can't really guess what will happen next because every account is different. If by BC you mean Brian Carter, then I'd say yes, they seem to be issuing proceedings non-stop and mostly without warning, some people get a letter saying they will issue a claim in 48 hours, others get it saying they have already issued a claim and the letter arrives on the same day as the claim. This is not in accordance with the pre-action conduct but they seem to get away with it.

Having said that, if they haven't issued proceedings in so many years...

My advice right or wrong is to ignore everything except court action its a merry go round of stupid threatening letters from a succession of DCAs I am positive if they were 100% sure of winning a CCJ and getting full payment that's where they would go ASAP.

You can often stave off court action by responding to letters and, should they go all the way, it would make you look much better if you had replied to their letters as opposed to ignoring them. :thumb:

The other way is for a debtor to pay in full or sort out a payment plan not my way cos I aint got it to pay but everyone has a choice,

Not when you've just got a few months to go before SBd! :scared: :scared:

[FlamingParrot]

Re: Possible court action.

I've received letters from Fred's promising court action, seems to me they do it just to try and smoke you out of your hole. Stay silent as long as possible and then hit them with a CCA request if they try to go a step further.. If you still need further delays after that it may be a good idea to start negotiating a repayment plan, as the debt is barred it can not become unbarred so you will give them hope and waste their time. Even if you make a payment it is still barred, so giving them £5 a month until the other is barred could be money well spent. Try everything with them if you have to, just lost your job, bereavement, going travelling and will discuss it when you get back. Have no morals when dealing with that scum.

I wouldn't really recommend this course of action, not least due to uncertainty surrounding WHEN exactly a debt becomes SBd.

And what would be the point of setting up a repayment plan at this point? Each and every account is different, how is paying into a SBd account going to help the OP stave off court action on ANOTHER account?

[Nottingham2013]

Re: Possible court action.

I wouldn't really recommend this course of action, not least due to uncertainty surrounding WHEN exactly a debt becomes SBd.

And what would be the point of setting up a repayment plan at this point? Each and every account is different, how is paying into a SBd account going to help the OP stave off court action on ANOTHER account?

The last letter I had off Freds had 'Letter Before Action' in bold on it. CCA requesting them would not be to get out of paying but to delay them, if they can't produce one that alone could delay them long enough!

It seems Carters will try to get the money from me before going ahead with proceedings, another thread on here a guy was in the same position as me with Freds and he didn't get court papers for another 5 months. If I get just make it to May I can fire off 2 SB letters at the same time and the last 6 years of hell will be over. God how I've dreamt of that day!!!

[Nottingham2013]

Re: Possible court action.

As the last letter had 'Letter Before Action' on it does that mean it could happen soon or is it an overused empty threat? Alls I've had for years is standard letters asking for payment and I've got used them but they have stepped it up recently, it's got me really jittery!

[FlamingParrot]

Re: Possible court action.

As the last letter had 'Letter Before Action' on it does that mean it could happen soon or is it an overused empty threat? Alls I've had for years is standard letters asking for payment and I've got used them but they have stepped it up recently, it's got me really jittery!

The worst thing is that letters headed 'Letter Before Action' often aren't, whilst most true LBAs are not headed as such.

Why dont you scan it or take a picture of it and post it up here, after removing your personal details? :typing:

[Nottingham2013]

Re: Possible court action.

The worst thing is that letters headed 'Letter Before Action' often aren't, whilst most true LBAs are not headed as such.

Why dont you scan it or take a picture of it and post it up here, after removing your personal details? :typing:

How do I add a picture? Do I have to upload it somewhere else and post the URL?

[Amethyst]

Re: Possible court action.

You can add it by uploading to the site, Or use an image hosting service and link to it here. There is a guide to how to do either http://www.legalbeagles.info/forums/...r-details-safe!)

[Nottingham2013]

Re: Possible court action.

Thanks Amethyst!

[Nottingham2013]

Re: Possible court action.

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

[Amethyst]

Re: Possible court action.

I would respond to the LBA if you can asking them to evidence the debt and send a copy of your credit agreement (I'm sure FP will give you the relevant letters) - that would help them see you aren't going to just let them sail through a default judgment and are aware of your rights. This won't be acknowledging the debt, just acknowledging they are threatening court action on a debt you are not entirely convinced you owe.

As you do seem to be heading towards Stat Barred then it is likely they will issue court proceedings to stop the debt going past the 6 years point. (They have done that quite a lot recently)

[Nottingham2013]

Re: Possible court action.

This debt is statute barred Amethyst, the problem is I have another one that isn't and I don't want to wake that one up!

[Amethyst]

Re: Possible court action.

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?

[Nottingham2013]

Re: Possible court action.

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!

[Amethyst]

Re: Possible court action.

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 ?)

[Nottingham2013]

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?

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?