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badshah

What are the procedures when you get taken to court?

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Im just thinking hypothetically and started this thread as more for Information Purposes. Im thinking CCJs.

 

 

What actually happens when DCAs actually start legal procedures?

 

When they apply to a court, does the court notice arrive at your home?

 

Do you get a chance a state your side of the story to the court?

 

What timeframe is there?

 

etc etc

 

thanks

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Hi badshah

 

You will receive a summons with particulars of claim on a Form N1. You have to acknowledge the claim within 14 days & state whether you will be defending/counterclaiming. If you state you will defend all the claim you have a further 14 days to get your defence in.

 

Assuming you defend, you then get an Allocation Questionaire that you have to return, from which the court determines which track your claim will be allocated to. You will then get notification of a hearing date & when copies of the documents you will rely on in court to support your defence have to be served on the other side & forwarded to court.

 

You get your chance to speak at the hearing.

 

If you want more info, suggest you purchase the book advertised at the top of this page - Small Claims Court Guide. It's definitely worth the money if this is your first time round the block. :)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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While the letters fro the court are arriving back and forth. Does the 6 year rule get suspended or is the clock still ticking?

 

Say if your into 3.5 years into the 6 year rule and court proceedings begin.

Does the the rest get suspended. I mean if the court proceedings took another 3 years to complete. are you safe because if would now be 6.5 years.

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If legal action is commenced 3.5 years into the 6, & goes on beyond the 6, the statute of limitations would not apply if this is what you meant.

 

Have you got a particular case in mind?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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No particular problem yet but im trying to build up my own understanding of procedures just in case i get "we are thinking of taking legal action" letters form DCAs.

 

Im trying to also educate as many people as possible at work, socially, family etc because nearly every one i know has some sorts of debts however minor.

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