30 Days to avoid CCJ

[Marcus846]

Shall I put that I’ve requested all info from BT and they don’t have any information on me?

Many thanks

[Marcus846]

Hi,

is there anyone that can advise me on this please?

[MIKE770]

You pui on such a y requested no response

[MIKE770]

Or they state no records etc?

[Marcus846]

I’ve asked BT for all their information that they have on me and they sent me a letter back saying they had nothing and it was all deleted. Shall I reply with that I’ve spoke with BT and they have no records?

Thanks

[MIKE770]

jaguarsuk

[jaguarsuk]

Sorry I have not come back to you sooner, I am engaged as claimant in proceedings of my own at the moment.

You need to write back to them stating that to satisfy that a contract was in place they know full well that they must evidence offer, acceptance, consideration, intention and the parties have contractual capacity.

Alleged performance alone is not enough and that you have written to BT who state they do not have a copy of the agreement, therefore you fully appreciate why they are trying to mislead you because neither does their client have a copy of it, as well as having contacted BT they also know they can't get it.

In regards the Notice of Assignment, the Civil Procedure Rules do not supersede the law and pursuant to The Law of Property Act 1925 s.136 the 'assignor' in this instance BT, must provide Notice of Assignment and all they have provided is notice from the 'assignee' (their client) which is irrelevant in law amounting to nothing more than a 'Welcome Letter.'

You do not recall having received Notice of Assignment from BT, they in turn cannot provide you with a copy of one and this is again why you are attempting to mislead because your client also knows BT can't provide them with a copy as you aver they have asked.

Should it be the case that they file a claim that you will immediately file an application to strike out a claim on the basis that their client has evidenced no legal right to bring one, then seek the costs of that application from their client.

Until such times as they are able to evidence their right to bring the claim and the terms of any alleged agreement that they do not contact you again or else you will consider it harassment pursuant t the Protection from Harassment Act 1997 then consider your position accordingly.

[Marcus846]

Many thanks for replying I’ll send that too then and hopefully that will be the end of it.

Regards
Mark

[Marcus846]

They have wrote back to me with the following:

Dear

Thank you for your recent correspondence.
We reiterate, this debt does not arise under an agreement for credit and therefore
it is not regulated by the Consumer Credit Act 1974. This means that the original
creditor is not required to retain a copy of the agreement, if it was in writing, and
therefore we are unable to obtain a copy.
It is possible that no signed contract ever existed, or that this was entered into by
electronic signature online. However else agreed, the terms and conditions would
also have been provided in writing inside the box containing the mobile device
and/or SIM card, under a seal drawing them to your attention and stating that use
of the device or SIM card and phone line, would confirm your acceptance of them.
We have provided you with a copy of the Notice of Assignment as well as a copy
of the account statement. We are satisfied we have provided you with all required
documents as per Civil Procedure rules and will not be addressing any repeated
points any further.
We note you have not provided any sufficient evidence to support your claims or
prove that you are not liable for the account. We remain satisfied you are fully
liable for the outstanding balance until you provide sufficient evidence to prove
otherwise
We do not regard our attempts to contact you as harassment. We have been
instructed by our client to recover the outstanding balance on your account. Our
client prefers to work with their customers and in the circumstances, they ask that
we keep you informed as to the status of your account with them and inform you
of any consequences of non-payment. We are also entitled to continue requesting
payment and have a duty to our client to do so.
Please now confirm your intentions with regards to payment. Failure to do so may
result in a Claim being issued against you, with further costs incurred.
You can now register an account with us online at www.overdales.com where you
can utilise our handy Budget Calculator and set an arrangement if you wish.

[Marcus846]

I’m not sure what to put back so any help as always would be greatly appreciated.

t

[MIKE770]

jaguarsuk

[jaguarsuk]

It’s nonsense the burden of proof is not yours it is theirs and they know it.

it’s not good enough to say you would have had this or someone else might be able to provide you with that. They have to provide everything in court or else there’s nothing for the court to rule on.

At this point there isn’t much you can do as realistically they’ll either keep writing or issue a claim, I think they would be very silly to do the latter given they know what your defence is going to be and that they cannot possibly win.

Litigation by correspondence clearly isn’t going to resolve this as they’re basically going to stick to bare faced lies in the hope it tricks you into either admitting liability or paying the debt, probably both.

Essentially all you can do is call their bluff. Make sure you open every letter to ensure that you don’t miss a court claim or important revelation of information, but if it’s just asking you to pay recycle the letter. In other words ignore them.

If they file a claim come back here and I’ll help you through the options that are available to you and we’ll navigate it through to either them pulling out or losing at a final hearing.

You are in the unique position of knowing they can never get what they need to evidence a claim and if they decide to play dirty to try to ‘mock up’ some documents that you can show they didn’t have them at this time and the alleged original creditor didn’t either, so question where they suddenly appeared from.

[Marcus846]

Ok thanks for your help, shall I ignore them or write back and call their bluff?

Thanks

[jaguarsuk]

Ok thanks for your help, shall I ignore them or write back and call their bluff?

Thanks

That is really a personal preference thing and has both pros and cons.

If you write back to call their bluff they may realise they aren't going to fool you and stop pursuing the matter or it might provoke them into filing a claim, which as I said they'd be silly to do, but if it is some fresh faced junior solicitor handling it who is not long qualified they might be silly enough.

Whoever they are and whatever their qualification their response has been frankly laughable and they ought to have realised you have sought knowledge from someone in the know given the level of detail of the law you have communicated to them, so do not be surprised if they decide to play silly games.

Ignoring them means you'll get letters in future and will have to check them to ensure nothing changes, but it could still result in them filing a claim when you have disengaged with them thinking you aren't responding that they might be able to sneak a default judgement through.

Personally I would call their bluff, but I know the process, procedures and law, have been through claims (currently Claimant in one actually) before therefore know the burden of time and effort it puts on you and have been to court a few times.

Only you can decide which course of action is best for you, but as I said, if at some point they decide to file a claim I and/or others here will be here to help.

[Marcus846]

Thank you for your advice, I think I will call their bluff because at the end of the day I don’t owe this and I’ll give all my time and go to court as many times as it takes to make sure I don’t get a ccj for this rubbish.

How shall I word it?

Dear sir madam,

As per previous correspondence I believe that I’m not the owner of this debt and as such I am happy for you to take me to court where you’ll have to prove the debt belongs to me.

I will await you response?

Is that ok?