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Under which legal point can I prove to the court the debt isnt mine

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  • Under which legal point can I prove to the court the debt isnt mine

    Hi there,

    This forum previously helped me to set aside a CCJ. It was for a alleged loan back taken in 2014, the papers were served by Asset collections (debt from avent or another company called spring coin) in 2018 to a property that i didnt live at and when it came to the set aside hearing the claimant couldn't produce a credit agreement, therefore the judge set aside and put back to claim stage. I have recently received the defence pack from the claimant. They have finally produced a credit agreement which they claim is an e signature, so no physical copy of my ownership. They have 3 printed emails (email address isnt mine) to say that had sent a paper copy of Letter before claim etc and an annual statement. None of the paperwork is original. There is no note of the account the money was paid to, they say checks were performed electronically to prove who i was and creditworthiness so they have no physical evidence this was done. They also claim they underwent an operating change in 2018 meaning it was no longer possible to reproduce a copy of letters or letter sent prior to this change of systems.
    I have no defaults on my credit file from this company, Ive had the same bank account for 20 years, there is no history of any transactions going in. Which is going to be the best legal point to defend myself against what looks to be a made up credit agreement? I'm sure you hear it hundreds of times over but this debt isnt mine.
    Any help appreciated as my deadline for defence submission is next Wednesday.

    Thanks

    Vix
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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