Just been served papers by sols acting for 1st Credit (finance)

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Angry Cat,

Just seen your link. What's all that about, scuse my ignorance.

Ok, that seems to work against me....

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

None of this is making sense.

I have a debt that, according to law, is currently unenforceable. Yet here we have a firm trying to bankrupt me over it. I don't get this. HAs there been a precedent set with this avenue of pursuance??

[Angry Cat]

Re: Just been served papers by sols acting for 1st Credit (finance)

http://www.oft.gov.uk/shared_oft/pre...E9B3EB2F8F4646

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

This is a catch 22. If I deny the debt, will they drag me to court but if I accept there is one, albeit supposedly unenforceable, I then become liable. And the swine win!

You can still use the stat barr, and you can deny liability for the debt.
They stil have to prove otherwise.
I will bet that they have no intension of pursuing you anyway, this is just a scare tactic in 90% of cases.

I would return the slip saying that you are unaware of any legitimate debt beign owed by you within the last 5 years.
If it is not stat barred it is up to them to prove it isnt not to you to probve it is.

Bernie

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Well, they were funky enough to include a statement from 2008. but they're getting the denial with a whole ream of paperwork that was sent to the previous DCAs.

I've continued paying a debt that was enforceable but on this particular one Ive been lax. I just gave up responding to different DCAs and their lackey solicitors.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

.....and the Stat Demand has a figure on it different to and less than the debt!

[labman]

Re: Just been served papers by sols acting for 1st Credit (finance)

I think you need to send the denial back to the claimant's solicitors. It is important that you make a response and then, if necessary, defend yourself in court.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Oh sure, I'm not ignoring it, not with the threat that's implied in that notice. It'll be going off tomorrow with a host of other stuff.

This make me hate them - the banks and the DCAs - all the more.

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

Hi
Yo can still use their inability to supply an agreement as proof that the debt is in dipute and the figures they quote cannoot be verified.

Its only a technicality, you may find that the lack of the agreement is still your saving grace.
As is say once you have shown you are not going to buckle under i think you will find the problem will go away.
Bernie

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Yes, Bernie, my plan exactly. And they'll be getting more than a denial slip.

[labman]

Re: Just been served papers by sols acting for 1st Credit (finance)

I believe that Bankruptcy cannot be ordered in any case if the debt is disputed in any way, for example by the amount being incorrect.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

I believe that Bankruptcy cannot be ordered in any case if the debt is disputed in any way, for example by the amount being incorrect.

The amount on the Stat Demand from the solicitor is incorrect. I think I have them on that, anyway, without resorting to proof of ownership, posession of CCA and the fact that their client has a record of abusing the Stat Demand and has ideed been reprimanded by th OFT because of this.

[Captain Haddock]

Re: Just been served papers by sols acting for 1st Credit (finance)

Been thinking: how do I get them to prove they own/bought the debt? It's an old HBOS credit card. Also, is it worth DSARing them? That may put them on the back foot.

[berniel]

Re: Just been served papers by sols acting for 1st Credit (finance)

Hi

You ahould have recieved a notice of assignment if it has changed hands.

You could say something like., i have no knowledhe of this debt, i have repeatedly asked for proof of any liability to this company and nothing has ever been sent.

Untill a true copy of the alledged agreement showing proof of my endebtedness together with proof of the pursuers ownership of the alledged debt, whether that be the agreement or notice of assignment, this account is in dispuite and as such cannot be the subject of any insolvency petition.

Something like that

Bernie

[labman]

Re: Just been served papers by sols acting for 1st Credit (finance)

A SAR would give you everything they have to rely on, including, possibly importantly, how you and they have two different figures for the debt owed.

Proof of ownership would come later, if they did actually pursue through court, under The Rules of Disclosure CPR31 you can force them to show the Deed of Assignment itself.:beagle: