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Urgent Advise Please

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  • #1

    Urgent Advise Please

    Need help
    Basic story is this. Got divorced gave her everything, house car savings etc, lost job got into debt so moved abroad. I have returned and have received a letter from a credit card debt. Its 5 1/2 years old.
    They stated they are going to take me to court in 7 Days if I don't pay for a debt (Lowells). However the address on the evidence was not mine, though the account surely was. I hate to avoid debt but im in a bad position still and just working my way out of it. Also they have not sent anything with my signature on or T&Cs. I moved house yesterday to try to ride out the next 6 months so my debts become statured barred, I also made sure the debt collection agency are aware that I do not live there anymore.
    The question I have is can they take me to court with out notifying me? I owe £2800 for this Halifax CC debt. My last Payment or contact with them was July 2008.

    Your advise would be greatly appreciated
    Tags: None
  • #2
    Re: Urgent Advise Please

    Yes they can take you to court, as all they have to do is serve the papers on your last known address.

    Your best bet would be to use delaying tactics. Start of with a request for a true copy of the consumer credit agreement sample letter here - http://www.legalbeagles.info/forums/...y-of-Agreement

    Once you post the letter they will have 12+2 days to provide your with a copy, if they fail to do so within the timeframe, they will be in default of your request and as such can not enforce the debt in court whilst they remain in default of your request. Theres no guarantee, that they will default on your request, but alot of the time they have to get a copy from the original creditor, and the original creditor doesn't always keep copies after a 6 years from the date they were signed originally (date you agreed to the credit agreement).

    Yet us know what their response to the CCA request is, then we can tell you how to respond to their response.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    • #3
      Re: Urgent Advise Please

      Have you told them your new address if not they can and may issue proceedings to the address you have told them you are no longer at .
      Stands to reason in law that's your last know address if you have not given a new one

      Comment

      • #4
        Re: Urgent Advise Please

        Thank you so much for this, I have already sent a recorded delivery mail with the £1. (Postal Order)
        Ill keep you updated with what they have to say in relation to this.

        Many Thanks

        Comment

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