old cc debt come back to life!

[jayl6191]

Hi, been quite a while since use sucessfully helped me!

This is the last alleged cc come back to life,

Does anyone no if it is worth filling out the N180 form stating i dont know what evidence they have submitted ???

Quick history of it.

alleged cc debt barclay card from 1997

previous asked debt collectors for proof of debt and never recieved anything got past around a few same thing again,
so after couple of years receieved first 2 letters few weeks ago from what looks like fast track court applacation,
so i submitted a letter stating to prove the alleged debt, got confirmation from them of my response....

now had the following letters saying otherside has submitted some evidence and it looks good to fast track ?

my question is it worth trying anything else ? asking to see evidence ? or filling n180 out saying i dont agree it should be fastracked as i have not seen evidence ?

any other ideas or information very much appreciated

Thanks [IMG][/IMG][IMG]

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forgot to mention its not stat barred yet

[MIKE770]

Re: old cc debt come back to life!

last paynment etc more info

[Diana M]

Re: old cc debt come back to life!

I can't find any posts of yours on this forum which provide the history of this debt.

You have submitted a Defence, so what did you plead in that?

That DQ you've received says the court proposes allocation to the the Small Claims Track not Fast Track so I don't understand your question.

The disputed sum (the claim) is under £10k (by a whisker) so that's why it's likely to be allocated to the Small Claims Track.

There are pros and cons for wanting a claim to be allocated to the Fast Track.

Di

[jayl6191]

Re: old cc debt come back to life!

Thanks Di,
I never had this one on here before, at the start few years ago i just kept sending the proof of debt request letter and they never ever replied to them,
it got passed around a few different collectors and i just done the same to them sent a proof of debt reques letter.

so not heard nothing for couple of years then got this (sorry if ime getting mixed up on things get nervous looking at them lol)

So i got a letter last month saying it was going to be sent to the small claims track out the blue, did i want mediation etc..
so i sent a letter in requesting proof of debt as it was previous requsted and not recived..

Then i got this back yesterday saying other side has submitted evidence

My question is really is there any thing else i can do like fill the n180 form out like it says on letter asking to see there evidence and i dont agree with it been sent down this track? ( letter 4 attached )
incase they are just bluffing it and its not original signed copy etc...

Or is my best bet just to do mediation etc... sorry ime lost not done this for years now

I can't find any posts of yours on this forum which provide the history of this debt.

You have submitted a Defence, so what did you plead in that?

That DQ you've received says the court proposes allocation to the the Small Claims Track not Fast Track so I don't understand your question.

The disputed sum (the claim) is under £10k (by a whisker) so that's why it's likely to be allocated to the Small Claims Track.

There are pros and cons for wanting a claim to be allocated to the Fast Track.

Di

[jayl6191]

Re: old cc debt come back to life!

over 4 years since last payment ,
can check later when i get home from work on credit file..

sorry if it doesnt make sense keep getting lost with it all,

main thing is i think ime wondering if i can ask to see there evidence they just submitted ? ive asked for proof of debt several time and never recived anything then this letter out the blue last month, so again i sent proof of debt letter in, now this letter yesterday saying they have submitted evidence.

last paynment etc more info

[jayl6191]

Re: old cc debt come back to life!

4 years 6 moths ago last payment,

over 4 years since last payment ,
can check later when i get home from work on credit file..

sorry if it doesnt make sense keep getting lost with it all,

main thing is i think ime wondering if i can ask to see there evidence they just submitted ? ive asked for proof of debt several time and never recived anything then this letter out the blue last month, so again i sent proof of debt letter in, now this letter yesterday saying they have submitted evidence.

[warwick65]

Re: old cc debt come back to life!

Hi

Just to get a handle on this

Over time you have been asking for proof of debt and non has been forthcoming
How did you ask for proof? Was it something along the lines of 'I do not recognise this debt please prove it by sending me documents' or was it a formal CCA request made under S77-79 CCA 1974?

Can I ask where you got your advice from if it was not here- it is relevant (could it be a forum that is no longer accessible)

A claim was issued and you acknowledged and filed a defence?

When did you submit your defence and what was it ?

You have now been sent a N180 ( called a DQ) with proposed allocation to the small claims track

You have till 10th July to fill it in and return it

I don't see anywhere where it says they have produced evidence - remember if the claim was issued against you then you are the defendant

I would fill in the N180 agreeing to small claims and also to mediation.

[jayl6191]

Re: old cc debt come back to life!

Hi thanks for reply....

didnt get actual advice on this one, i had other debts nearer the time of first letter from these so i just copied what i was doing on them ones to these, (this is only one left others all stat barred now as they couldnt provide proof of debt)

sorry yes i see now it says defendant filed defence was thinking it was them.

Yes your right i just sent letters to them copied templates "I do not recognise this debt please prove it by sending me documents" etc..
think it got passed to couple diff ones as i sent a few of them off, prob 2 years ago last contact then this appeared out of blue.

yes claim was issued i can see that now, but i wasnt sure what it was when i replied to it at the time last month ? i though it was just solicitors letter threating me,,,,

so what i sent them which is now my so called defense! was just another "prove it letter" as you have stated above i sent that on 9/5/17 think date was.

so i need to fill form in agree to small claims and mediation,

Because they have not ever provided proof of debt to me, could this still not go through ? or is it done case it will go to court or mediation ?

Sorry this is the furthest i have ever been with anything like this so well out my depth,
got my life sorted and back on track so was bit of a blow when this cropped up.

Thanks again taking time out to reply

jay

[warwick65]

Re: old cc debt come back to life!

Hi
Ok so I am not that sure what you should be doing at this point however i would get a formal CCA request off to Hoist http://legalbeagles.info/forums/show...y-of-Agreement

You will need to send it royal mail signed for and enclose a cheque or postal order for £1

Not sure what your financial circumstances are but some legal advice may be worth the money
http://lbcompare.co.uk/services/

I do fear that by letting it get to this stage without following certain steps you have made it more difficult but not impossible
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=551]pt2537[/MENTION]

[warwick65]

Re: old cc debt come back to life!

Just one last question and looking at previous posts

have you sent a CCA request for this debt before?

When did you last make a payment or acknowledgement on this debt?

[jayl6191]

Re: old cc debt come back to life!

Thank you very much for help.

i have only sent standard template prove it letter not cca request

last payment acknowledgment over 4years ago

Just one last question and looking at previous posts

have you sent a CCA request for this debt before?

When did you last make a payment or acknowledgement on this debt?

[warwick65]

Re: old cc debt come back to life!

Ok
CCA request even know is a very very good idea
[MENTION=6]Amethyst[/MENTION]

sorry forgot to tag you earlier

[jayl6191]

Re: old cc debt come back to life!

Is there eneough time for a cca letter i have till 10th july to get form back

Hi
Ok so I am not that sure what you should be doing at this point however i would get a formal CCA request off to Hoist http://legalbeagles.info/forums/show...y-of-Agreement

You will need to send it royal mail signed for and enclose a cheque or postal order for £1

Not sure what your financial circumstances are but some legal advice may be worth the money
http://lbcompare.co.uk/services/

I do fear that by letting it get to this stage without following certain steps you have made it more difficult but not impossible
@charitynjw @Diana M @Joanna C @pt2537

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doing now thanks

Ok
CCA request even know is a very very good idea
@Amethyst

sorry forgot to tag you earlier

[warwick65]

Re: old cc debt come back to life!

This is only your directions questionnaire and not the case in court at all.

Mediation will take sometime after that to take place

[jayl6191]

Re: old cc debt come back to life!

get it thanks, thought this was straight to court

This is only your directions questionnaire and not the case in court at all.

Mediation will take sometime after that to take place