Help for a friend please

[up2meears]

Afternoon all,

 

I'm after a bit of advice for a friend please. I feel I should know the answers for her but don't

 

We were having a chat and she has mentioned a CCJ she has which was for a few thousand that she has got down to less than £100. (according to her noodle credit report)

 

She hasn't made a payment for over a year due to family & financial problems and it is due to fall off her credit file in about 9 months. She's planning to try and pay it off before this time, but was wondering what would happen if she didn't? (Still having financial problems) Could the claimant still get a warrant and bailiffs in this time, or would they have to go back to court?

 

Also, we'd like to know the time limits a DCA has to issue court papers on a debt (as far as I'm aware it's anytime whilst the debt remains outstanding, but not 100% sure)

It's a credit card debt with a balance of over £8,000 which was defaulted by the OC at the end 2004/beginning 2005 but last payment (token payment to DCA) made about four years ago, before she moved.

 

DCA have now tracked her down and started with all the usual threats etc and she has said that although she has had her head in the sand she wants to offer them a token payment again.

 

I've told her to hang fire as although she says no PPI, the original debt will be loaded with charges, so I'm helping her to get a SAR done to OC, she's just panicking that the DCA will issue court papers for this debt. As we're sending the SAR, can she ignore DCA for now?

 

Many thanks

 

Up2

[AndyOrch]

Afternoon all,

 

I'm after a bit of advice for a friend please. I feel I should know the answers for her but don't

 

We were having a chat and she has mentioned a CCJ she has which was for a few thousand that she has got down to less than £100. (according to her noodle credit report)

 

She hasn't made a payment for over a year due to family & financial problems and it is due to fall off her credit file in about 9 months. She's planning to try and pay it off before this time, but was wondering what would happen if she didn't? (Still having financial problems) Could the claimant still get a warrant and bailiffs in this time, or would they have to go back to court? The remainder would be outstanding the CCJ falls off irrespective of paid or not after 6 years I doubt any further action would be commenced in respect of £100...the fees would cost more

 

Also, we'd like to know the time limits a DCA has to issue court papers on a debt (as far as I'm aware it's anytime whilst the debt remains outstanding, but not 100% sure) A DCA cant issue a summons unless the debt has been assigned to them in their name.Only the OC

It's a credit card debt with a balance of over £8,000 which was defaulted by the OC at the end 2004/beginning 2005 but last payment (token payment to DCA) made about four years ago, before she moved.

 

DCA have now tracked her down and started with all the usual threats etc and she has said that although she has had her head in the sand she wants to offer them a token payment again.

 

I've told her to hang fire as although she says no PPI, the original debt will be loaded with charges, so I'm helping her to get a SAR done to OC, she's just panicking that the DCA will issue court papers for this debt. As we're sending the SAR, can she ignore DCA for now?

 

Many thanks

 

Up2

 

Regards

 

Andy

[up2meears]

Thanks Andy,

 

We're not sure if the the debt has been assigned or not. We'll have to wait for SAR (or if mate can dig out papers) Is it worth sending a CCA request to DCA? Just found out it's Link, and OC MBNA......Oh joy

 

Thanks again

 

Up2

[AndyOrch]

Probably is assigned then but link will put it through IDR if they litigate ( same company dont ask me why)

[up2meears]

Thanks Andy,

 

They've not tried anything in 8/9 years for enforcing it, so it's probably got dodgy paperwork or something, but we were just wondering what the likelihood would be (if any) after so long.

 

Have told her to look out for IDR (as will I as I'm in practically the same boat, although mines in dispute with the ever so lovely, honest and professional Link.......and I am in the process of suing MBNA for charges)

 

Anyway, thanks again

 

Up2

 

p.s. was very tempted to ask why