Help, cancelled DD years agoooo

[vegascouple]

Been sent this letter after a house move, where do I stand here?
When I took out the contract is was a teenage single mum (felt forced into signing) I couldn't afford it and told them this, tried to come to an arrangement at the time but they wouldn't have non of it and being the stupid teen I was I cancelled the DD
I'll attach the letter I've received 😩 help pleaseeeeee

And if there's any default ccj (there won't be)

You have no idea if there will be or not.

It takes a while for them to reach credit files.

OP please contact the court.

So we're saying exactly the same - all the advice you've given is exactly what I've said

The part we disagree is about whether they're court papers and indeed they are court papers - they are PHOTOCOPIED court papers and this is a tactic used by debt collectors to get you to call THEM and not the court so they can intimidate you into paying.

I've worked with people who've received those before - they were not filed.

OP you should definitely ONLY call the court - and not the debt collector. All correspondence to have it set aside etc should only be with the court.

all the advice you've given is exactly what I've said

Well no. You have said to ignore it and it will go away.

I've just been checking back through all my bank details and I can only go back as far as nov 11 and by that time I must've already cancelled DD. Never contacted anyone from then on.
I'm going to ring the courts tomorrow see what they say about it, the wording and dates are confusing me to much.

Only in context earlier I said that (that she COULD ignore it if it was over six years and she called the court to check there were no papers filed)

Just like I could take what you said out of context earlier when you said

"You're out of time to respond"

When you have NO idea if they're real, or if they've actually been filed!

Only in context earlier I said that (that she COULD ignore it if it was over six years and she called the court to check there were no papers filed)

Northampton Business Centre is an online service. No papers involved in filing.

I obviously know that the small claims court is administrated in Northampton

Which part of they look like photocopies did you miss?

And the part where I said it was a tactic?

You gave out bad advice. Stop back tracking.

I'm out as it is derailing the thread.

OP contact the court. The delay in dates of the papers could be be because they had them returned as you moved address.

Which bit in particular?

As bad as your definitive statement "you are out of time"

My advice is perfect. It will all be fake bollocks from a dodgy debt collector - I have seen these tactics before when I volunteered at citizens advice nearly 25 years ago.

The 2014 date is a red herring. It's the date the "debt" was assigned to the Claimant.
Ie they bought the debt from the gym and since then have owned it.
This claim is out of time as it is more than 6 years old.
But you need to prove this. Don't ignore it.
They are aware the claim form has not been properly served. But they have now tracked you down and served it. So you need to acknowledge it and say you are defending (don't put anything in the defence box, just tick to say you intend to defend). The clock started ticking on the 2nd business day after they sent you this letter. Then you have a further period to defend.
Your defence will be that the claim is out of time because, as stated on the claim, the debt fell due in 2011.

It may be that the debt was unlawfully assigned, but I can't pretend to know about that.

MSE is a very good resource. Google MSE forums. Look for a debt or small claims forum then do an advanced search for Moriarty.

I AGREE with Laurie, after all this time, the letter will have been designed to terrorise you and make you hand yourself over basically.
Ignore it. After six years. Fgs. Over a gym?!

Do not ignore it. It's a county court claim issued online via MCOL in Northampton. Because it's all done online they do look like they are fakes printed off at home.
Any doubt, phone the court and ask if it a genuine issued claim.
Until the court tells you it's fake, don't ignore it. Otherwise you will end up with a CCJ.

As bad as your definitive statement "you are out of time

Errr technically it is correct as they were originally served in September. 2 weeks to acknowledge 2 weeks to send in a defence. Failure to do so can end up with a default CCJ. So yes it is technically out of time. Want to try again?

I seriously don't know why you are continuing to derail.

Stop with the bickering!

Because the Claimant's representative is aware that OP no longer lives at her old address then they should not apply for a CCJ because they know the Claim was not properly served back in September. If they did apply OP could get it set aside and complain to the SRA.

The letter from Moriarty is clear that they aren't going to do that and that they are now re-serving the claim at the new address. Now that they have the right address they have served it properly. So the OP has to comply with the court timetable for acknowledging and defending. The date of service, when the timetable starts, is the 2nd business day after posting. So 30 Nov if it was dated 28th.
If she has any doubt about the papers being valid this is easily checked with the court over the telephone.

I would first contact the court to confirm or deny these are actual court papers.
Then I would say you don’t recognise this debt.

I would also ask them for the original signed agreement.

Without that they cannot do anything.

I find the amount they are claiming is a weird amount to be claiming after all this time.

Me personally I think it is a fishing exercise.

I have had stuff like this and usually a letter saying you don’t recognise the debt usually makes them go away.

Otherwise you have to ask them for the original agreement. Without that they cannot do anything.

The fact the amount is so low indicates they must have got your cancellation letter.

If they haven’t contacted you in 6 years then it really isn’t enforceable.

I wouldn't do ANYTHING without getting proper debt advice from Citizens Advice or Stepchange. DO NOT acknowledge the debt in writing without obtaining debt advice first as if the 6 year limit does apply this will restart that clock. You are getting a lot of conflicting advice here so get some proper debt advice before proceeding. Any advice from Stepchange or Citizens Advice is completely free of charge.

Also how old exactly were you when you signed the agreement because if you were a day under 18 it is again not enforceable

I wouldn't do ANYTHING without getting proper debt advice from Citizens Advice or Stepchange

First step is to contact the court as if true the click is ticking.

*clock

There is a world of difference between a CCS and CCJ.

I've rang the courts today and they have put papers in but haven't took it any further so I'm going to dispute it and ask for proof off them as the courts haven't received any proof either.
🤞🏼🤞🏼

Right so now you know make sure you stick to the dates and get your acknowledgement and defence in, in good time.

Request a copy of the signed contract and direct debit instruction. This should hopefully clarify the 1 year contract. Do you recall how you notified you were cancelling? If it was email see if you can dig it out.

Even though you have spoken with the court it is extremely important you do not ignore the paperwork - you must respond with the defence -prior to the deadline. ^^ If you request documentation you can request a 14 day extension from the other side. Get this in writing if they agree.