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Can this company motiners me3 obtain a court order for a debt which is over 13 years old, any help please thanks
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Mortimers solicitors that is. -
Possibly, it depends. Did they file a claim against you ? Did you defend that claim ?
And when was the last time you made a payment to / acknowledged the debt ? When did the debt enter a default situation?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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No they haven't filed a case against me, no ccjs, paid something years ago but never heard anything until now, i have asked for my credit agreement just today as i don't know what or who the debt is with as it does not state, just reference numbers. They are now however threatening us with judgements. We did send to all of our debtor's all our income and expenditures including mortimers with an offer but they refused and wanted more info ie how much we were paying to our other creditors. Bit of bullying if you like.Comment
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HiOriginally posted by Busaneil View Post
Each case must be dealt with on its own facts. To be able to assist we would need to know a little more about the background to this debt, like what was the debt for? What type of debt was it, how much is being pursued?I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Hi This debt was for a new sofa through black horse finance some 12 plus years agoComment
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last payment last acknowledgement etc???Comment
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The total outstanding is 2020 poundsComment
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Those sofa loans are usually over 3/4 years aren't they - any idea when the debt defaulted? Anything at all on your credit file?
You mentioned making pro-rata offers previously - do you know how long ago that was ?
You've sent a CCA request to Cabot.
#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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The term of the loan is crucial here i think, you need to bear BMW v Hart in mind here, a fixed term contract generally doesnt end til its over or til a default notice is served and then the loan is terminated. so its important to get that loan agreement first id sayI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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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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