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Re: Mr D
The alleged debt is for £22.267.70 and it has been fast tracked there is also a charging order already in place on the property in favour of the CSA so they would go to the back of the queue my mortgage is interest only for £67,000 plus the charge fro the CSA is £5000 so £72000 in total a house opposite me recently sold at auction for £44,000.
As stated they have now at this late hour decided that they have used the wrong templates to apply their claim and are asking to change them but not only are they chnging them but they have changed the person that originally made the statement as they did not want that person to appear at court, I challenged that and suggested that as there were many untruth's in their statement They may be guilty of perjury this alleged debt has been in dispute since inception and I have the letters of proof that they have all signed for by recorded delivery, and yes the original SARN request was foolishly deducted from the account balance this was by a previous DCA they then asked me to pay a further statutory fee again, as this was their mistake I did not see that I should have to pay this yet again so in fact never received the SARN.
Like I say this has gone on so long it is like war and peace, I have written to CEO and expressed my concern at their incredible crass attitude and also complained to the Court that they should want to change their details at this late hour and asked for the claim to be struck out.
Yes, I realise that if they apply for the claim again it will mean additional cost's but it appears that this is all heavily waited in the claimants favour which I object to.
Originally posted by FlamingParrot
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It is true that even a court cannot order you to pay what you haven't got and an income and expenditure form would show that. It may not be worth their while pursuing a debtor without means to pay but legally they can still do it. There are lots of people out there with CCJs who only pay £1/month and that's all the court could order to be paid. It's a risk creditors have to take. :ohwell:
If they obtain judgment they can also apply for a charging order on your home, even if there's no equity at the moment, they could be banking on increasing property prices. Furthermore, having debts secured on property makes their own account portfolio look much better than having unsecured debts in their books, even with a judgment on them. You don't state the value of the claim or whether this is a small claim or a fast track one where they could obtain costs in their favour. A costs order can also be secured on property in the same way as a judgment, I know someone who is currently fighting a charging order over a costs order. :mmph:
The problem with not knowing why the FOS said it was unenforceable is that you can't use those arguments in court in your defence and ultimately it's down to a judge to decide whether it can be enforced or not. If they have produced the deed of guarantee, that would be enough to show your liability for the company's debt.
If they obtain judgment they can also apply for a charging order on your home, even if there's no equity at the moment, they could be banking on increasing property prices. Furthermore, having debts secured on property makes their own account portfolio look much better than having unsecured debts in their books, even with a judgment on them. You don't state the value of the claim or whether this is a small claim or a fast track one where they could obtain costs in their favour. A costs order can also be secured on property in the same way as a judgment, I know someone who is currently fighting a charging order over a costs order. :mmph:
The problem with not knowing why the FOS said it was unenforceable is that you can't use those arguments in court in your defence and ultimately it's down to a judge to decide whether it can be enforced or not. If they have produced the deed of guarantee, that would be enough to show your liability for the company's debt.
As stated they have now at this late hour decided that they have used the wrong templates to apply their claim and are asking to change them but not only are they chnging them but they have changed the person that originally made the statement as they did not want that person to appear at court, I challenged that and suggested that as there were many untruth's in their statement They may be guilty of perjury this alleged debt has been in dispute since inception and I have the letters of proof that they have all signed for by recorded delivery, and yes the original SARN request was foolishly deducted from the account balance this was by a previous DCA they then asked me to pay a further statutory fee again, as this was their mistake I did not see that I should have to pay this yet again so in fact never received the SARN.
Like I say this has gone on so long it is like war and peace, I have written to CEO and expressed my concern at their incredible crass attitude and also complained to the Court that they should want to change their details at this late hour and asked for the claim to be struck out.
Yes, I realise that if they apply for the claim again it will mean additional cost's but it appears that this is all heavily waited in the claimants favour which I object to.
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