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Pls note, I also posted this in the Received a Court Claim forum
I currently am scheduled to have a hearing for an ongoing issue with a debt, tomorrow. So far, I have no representation and have been writing to the debt company/courts myself.
Back in June 2009 I bought my parents a three-piece sofa suite under a interest free credit scheme, from Land of Leather who have since gone bankrupt. My understanding when purchasing the items was that, the credit company (Creation Finance) would debit my bank account after the 3 month period was up (September 2009), something which seemed logical to me, as they also took my bank details.
It transpired that I was meant to pay Creation Finance myself and that failure to do on by the end of the 3 month period would automatically enter me into a credit agreement to pay a total interest amount over three years greater than the £1,500 debt itself.
After noticing that sums of money were leaving my account and asking CF about this, they explained what had happened, and I subsequently wrote them a cheque for £1500 minus the two interest payments they had deducted, which they consequently cashed in January 2010 (proof of receipt obtained from my bank). Following on from that, I received numerous letters, my parents were called at their home sometimes daily, frankly I considered the matter closed.
After several more nuisance calls, I wrote CF a letter asking them to stop harassing my parents and that since I had not been explained the terms of the contract clearly, and that I had had sufficient funds in my account to make payment at the end of the 3month period, I believed the claims to be unauthorised.
After ages, I received a forwarded letter from an old address that I had recently moved out of, that Cabot Financial were seeking action against me. I wrote to the court declaring that I intended to defend this claim which I mistakenly sent to the claimant's solicitors.
The claimant solicitors (your friends Reston's) sent this back to me and a few days later, the county court issued a judgement against me, after which I received another letter and a nice notification from Experian that my credit file now had a CCJ on it.
I have managed to get a date that this hearing will now take place (16/10/14) where I would be defending this claim explaining the circumstances of the contract.
My main argument will be that the terms werent explained to me and that i paid the principal 4 months after realising what was going on (Jan 2010), so a) a DEFAULT notice on my credit history in Jan 2014 and then getting a CCJ against me in August doesnt reflect the fact that i had the money and was able to pay the debt when it was due back in 2009.
My question here is, do I have any chance of a) successfully defending this case b) having all the detrimental changes to my credit file removed as the "debt" which it refers to should never have been incurred as I paid the principal amount in full within 4 months of it being due.
Or am I f***ed??
I currently am scheduled to have a hearing for an ongoing issue with a debt, tomorrow. So far, I have no representation and have been writing to the debt company/courts myself.
Back in June 2009 I bought my parents a three-piece sofa suite under a interest free credit scheme, from Land of Leather who have since gone bankrupt. My understanding when purchasing the items was that, the credit company (Creation Finance) would debit my bank account after the 3 month period was up (September 2009), something which seemed logical to me, as they also took my bank details.
It transpired that I was meant to pay Creation Finance myself and that failure to do on by the end of the 3 month period would automatically enter me into a credit agreement to pay a total interest amount over three years greater than the £1,500 debt itself.
After noticing that sums of money were leaving my account and asking CF about this, they explained what had happened, and I subsequently wrote them a cheque for £1500 minus the two interest payments they had deducted, which they consequently cashed in January 2010 (proof of receipt obtained from my bank). Following on from that, I received numerous letters, my parents were called at their home sometimes daily, frankly I considered the matter closed.
After several more nuisance calls, I wrote CF a letter asking them to stop harassing my parents and that since I had not been explained the terms of the contract clearly, and that I had had sufficient funds in my account to make payment at the end of the 3month period, I believed the claims to be unauthorised.
After ages, I received a forwarded letter from an old address that I had recently moved out of, that Cabot Financial were seeking action against me. I wrote to the court declaring that I intended to defend this claim which I mistakenly sent to the claimant's solicitors.
The claimant solicitors (your friends Reston's) sent this back to me and a few days later, the county court issued a judgement against me, after which I received another letter and a nice notification from Experian that my credit file now had a CCJ on it.
I have managed to get a date that this hearing will now take place (16/10/14) where I would be defending this claim explaining the circumstances of the contract.
My main argument will be that the terms werent explained to me and that i paid the principal 4 months after realising what was going on (Jan 2010), so a) a DEFAULT notice on my credit history in Jan 2014 and then getting a CCJ against me in August doesnt reflect the fact that i had the money and was able to pay the debt when it was due back in 2009.
My question here is, do I have any chance of a) successfully defending this case b) having all the detrimental changes to my credit file removed as the "debt" which it refers to should never have been incurred as I paid the principal amount in full within 4 months of it being due.
Or am I f***ed??
xx
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