Court claim on old loan debt

[Captain Haddock]

Visited by two chancers who got into the stair and handed me court papers relating to a debt I've been fighting for years now. It becomes SBd in July this year but I have been nobbled, I think.

The last communication by the DCA attached an illegible TOC and I duly responded to them on this matter. Foolishly, I did not send that response Recorded Delivery and I feared that they would ignore it and instigate proceedings. Which indeed they have.

I dug out the original TOC and it does look enforceable. I was thinking of contesting it just to see what the other side would do but the OH is against it. As such, I now think it's best just to admit the debt and get it out of the way. I intend to ask for time to pay but I am sure, with the history of this debt, that the claimant will ask for the whole sum.*

Any pointers from anyone?

[MIKE770]

start at the beginning:-* what is this all about in detail??? credit card. last payment/acknowledgement etc default date ** last paid ???

[MIKE770]

have you acknowledged the alleged claim, many di this but they discontinue last minute* (claimants as they know people will give in even if no credit agreement etc enforceable even then not necessary enforceable as not contain all necessary also default area can be incorrect.* - go on line and select defend all then submit* no other wording, you have time limits that gives more time to ask for evidence as per the court form!

[pt2537]

Visited by two chancers who got into the stair and handed me court papers relating to a debt I've been fighting for years now. It becomes SBd in July this year but I have been nobbled, I think.

The last communication by the DCA attached an illegible TOC and I duly responded to them on this matter. Foolishly, I did not send that response Recorded Delivery and I feared that they would ignore it and instigate proceedings. Which indeed they have.

I dug out the original TOC and it does look enforceable. I was thinking of contesting it just to see what the other side would do but the OH is against it. As such, I now think it's best just to admit the debt and get it out of the way. I intend to ask for time to pay but I am sure, with the history of this debt, that the claimant will ask for the whole sum.

Any pointers from anyone?

They personally served papers? Surprising to say the least most throw their claims off to the CCBC and let the Court do the donkey work.


Before throwing in the towel id go through the checks to make sure, its easy to overlook something crucial.

I refer to the case of Phoenix v Cresswell, where Dr Cresswelll thought his agreement was enforceable, he was proven wrong in Court, i represented him and we had the agreement declared irredeemably unenforceable.

If youre going to ask for time to pay, then why not apply under s129 CCA for a time order? that way you dont get a CCJ, and you get time to pay

[Captain Haddock]

start at the beginning:- what is this all about in detail??? credit card. last payment/acknowledgement etc default date last paid ???

Old bank loan from early '00s. Last payment 2015; been doing the rounds ever since. It lay dormant for a year or so until this other shower got ahold of it. Debt has been 'assigned'.*

I haven't acknowledged anything yet (got until end March). I'll post the (redacted) TOC tomorrow, if it's worth anyone looking at but I think this one complies. Others may disagree.

*

[Captain Haddock]

They personally served papers? Surprising to say the least most throw their claims off to the CCBC and let the Court do the donkey work.


Before throwing in the towel id go through the checks to make sure, its easy to overlook something crucial.

I refer to the case of Phoenix v Cresswell, where Dr Cresswelll thought his agreement was enforceable, he was proven wrong in Court, i represented him and we had the agreement declared irredeemably unenforceable.

If youre going to ask for time to pay, then why not apply under s129 CCA for a time order? that way you dont get a CCJ, and you get time to pay

Worth mentioning that I am in Scotland.

No, neither the DCA nor their Sols served the papers; it was done via court officials. As replied to Mike770, I'll post the TOC tomorrow.

The debt is under £5K and my only concern, should I admit it, is that the Sols, who have been playing hardball on this, will ask for it all upfront.

[MIKE770]

Check dates

[MIKE770]

*

I haven't acknowledged anything yet (got until end March). I'll post the (redacted) TOC tomorrow, if it's worth anyone looking at but I think this one complies. Others may disagree. ?????? end of march?Acknowledge Claim

[Captain Haddock]

I haven't acknowledged anything yet (got until end March). I'll post the (redacted) TOC tomorrow, if it's worth anyone looking at but I think this one complies. Others may disagree. ?????? end of march?Acknowledge Claim

Well. let's say it's nearer the middle.

I'll post more tomorrow.

[Captain Haddock]

So, I found a copy of the T&C (Image A). It appears to be correctly set out. If anyone needs to see a semi-redacted version, please ask.

I cannot find the default letter from the OC, though I must have had one as I entered into a DPP with them and with everything running of control by 2010, it was left alone. Assigned to Cabot in 2015 and no payment made since then.

I am curious about image B. See the box they ticked on serving. I am puzzled because the two men who came to my door said they were Sheriff's Officers and agents of the court.

Also, Image C. It states that the 'event', for a better word, took place at my home address. Is that admissible?

I don't think this one is worth contesting.

[Captain Haddock]

Also, what's a 'preference account'? See box marked with red arrow.
*

[Captain Haddock]

Their two points of defence are, if needs be, the agreement itself.

[Captain Haddock]

Is there anyone here that would be prepared to look at their claim and the T&C in confidence before I decide to go ahead and contest this?