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
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