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30 Days to avoid CCJ

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  • #31
    I would be more comprehensive, something like this:

    Dear Sirs

    I have written to you on a number of occasions and you have yet to demonstrate that your client even have the legal right to bring a claim against me, let alone that I owe the alleged debt.

    As you well know, to prove in court a debt is owed it is not sufficient to state that I ought to have received the terms of an agreement at some point in the past and it isn't sufficient to direct me to another organisation to obtain a copy of the notice that gives legal right to your client to bring a claim.

    It is your client who must evidence each of these.

    Therefore, for the avoidance of doubt, my position is that I do not owe this alleged debt and I will not be paying you or your client as such.

    If it is the case your client wishes to test this matter in the County Court then I invite you to commence proceedings and I will file an application to strike it out on the basis that your client cannot prove they have a legal right to bring one, plus seek the costs of that application from your client.

    Until such time as you or your client can evidence the terms of the alleged agreement, evidence Notice of Assignment from BT or commence proceedings, I will not engage in any further communications with you or them.

    And should you or they continue to contact me by any method for any reason other than to evidence those items or commence proceedings, I will consider my position regards commencing proceedings without further notice against them pursuant to the Protection from Harassment Act 1997.

    Your sincerely
    Regards the application, you probably won't file one because it would cost you £275 to do, but it's worth threatening them with it. Much cheaper to just defend and let them discontinue or lose at the hearing.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #32
      Thank you, I apologise for not replying sooner I have had Covid which was very unpleasant so I’ve been in bed.

      I will write to them now and let you know what they say.

      Again thank you for your time you’ve been so helpful.

      Regards

      Mark

      Comment


      • #33
        Hi,

        Overdales have wrote back and said:

        They believe they had shown that I owe the debt and that what my intentions are along with they are not harassing me.

        They would like to know my intentions.

        What should I reply if anything?

        Many thanks
        Mark

        Comment


        • #34
          Originally posted by Marcus846 View Post
          Hi,

          Overdales have wrote back and said:

          They believe they had shown that I owe the debt and that what my intentions are along with they are not harassing me.

          They would like to know my intentions.

          What should I reply if anything?

          Many thanks
          Mark
          Did you send the letter as written in post #31?

          If you did they already know your intentions because you wrote 'Therefore, for the avoidance of doubt, my position is that I do not owe this alleged debt and I will not be paying you or your client as such.'

          Just ignore them now, keep corresponding with them isn't going to achieve anything if they are simply going to be untruthful.

          They know fine well what was written is true and if the want to file a claim let them, they can't win because you know they can't get the documents they need from BT.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #35
            Hi,

            I had to send my reply through email as I couldn’t get out to post it due to illness.

            They replied through email aswell.

            I will will ignore them now and see what happens.

            Thank you for all your time and advice it has been brilliant and I’m really grateful.

            Many thanks
            Mark

            Comment


            • #36
              Hi,

              Overdales have sent my another letter saying that I have 30 Days before a CCJ will be applied for.

              What box do I rock to send back to them?

              Many thanks
              Mark

              Comment


              • #37
                *tick

                Comment


                • #38
                  Is it headed "Letter before action"

                  Comment


                  • #39
                    You have been advised to SIT ON YOUR HANDS.

                    Comment


                    • #40
                      It’s the letter before action and it’s got boxes to tick saying I owe the debt, I owe some of the debt, I don’t own the debt.

                      I don’t own the debt but I’ve sent one back to these at the beginning so do I not send it back?

                      Thanks
                      Mark

                      Comment


                      • #41
                        DE DOGS

                        Sorry I don’t understand

                        Comment


                        • #42
                          Can anyone else help please?

                          Comment


                          • #43
                            Morning Marcus as Jaguarsuk has said above as long as you wrote the letter stating your intentions that you don't owe the debt and you will defend this in courts, toing and froing won't change anything and the best course of action is to wait on their next move, albeit small claims court if it comes to it. Possibly they are trying to use scare tactics into payment from you with the LBA!.. Wait it out for now and if the Action comes against you you're in the correct place to get the help.. In the meantime how about have a read through some older thread similar to yours and this will give you more insight if the action comes

                            Comment


                            • #44
                              Many thanks Stu, I have a learning disability and so I’m unsure but thank you for clarifying that.

                              Regards

                              Comment


                              • #45
                                No problem Marcus that's what the forum is for.

                                Comment

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