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Toby_Brighton

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  1. A DCA, Moriarty Law has contacted me over a phone bill from Dec 2012 (so not a 6 year debt yet). It was for £300 and I remember a dispute over the final payment in 2012 that I was unfairly asked for as I had terminated the agreement over the phone, but this seemed to have not been recorded. This debt was obviously “sold on” as I received one letter from a DCA in 2014 at my previous address in Suffolk and then nothing until this one arrived at my new address in Sussex a few weeks ago threatening court action if I didn’t pay from Moriarty. I didn’t respond as I thought they would leave it and it was a new address and I was scared that it could be a trick to check my new address and other debt agencies could catch up with me, if the details were somehow passed on from Moriarty. Well now a court claim has turned up. I am in two minds what to do. At the moment I can afford to pay it (as for the first time since 2010 I have managed to start earning out my way out of poverty for the past 6 years or so), but don’t feel I should because it was unfair charge at the time. However I have alot of stress at work at the moment and don’t want the hassle or uncertainty of making a defence (see my reasons below relating to possible unemployment and further outstanding debts) , so I am thinking of just paying it anyway. But my concern is that the DCA (Moriarty) might think I am an “easy touch” and look for other debts from my previous address (I assume they can look these up on Experian – I have never logged on to this as you have to give your current address and other creditors could find your new address - which has happened to other people I know). I have a few other debts from that time period in 2012 (2 * £500 debts from a bank account overdraft and the same banks credit card) and a different DCA is sending debt letters to my previous address but has not found me at my new address) where I am going to try and negotiate a settlement now I have some money. I don’t want to potentially jeopardize these negotiations by paying up "without a fight" to Moriarty’s claim against me. there are two issues here that that I am trying to resolve: 1. I am worried that if I pay this amount to Moriarty, that they will look up my credit history via e.g., Experian and go after other debts as I am perceived as an “easy target”. Do others on this forum know of this happening? 2. If I defend the claim and ask for proof that I owe this money I guess they have the necessary documents proving the debt from the original phone company. Or maybe not. However if I make a defence and I lose it (because they can prove the debt – is this likely after a previous DCA had passed it on to Moriartys?) , then I may have a CCJ against me and my current contractor will no longer hire me as they have a clause stating they won’t hire people with CCJ’s. _ I will go back to not having money and not being able to pay off or negotiate the debts! 3. Do you get a CCJ if you lose the defence and still pay the amount owed (how much more costs would incur fighting the defence assuming it also done via paperwork and quickly – at the moment the court fees and legal costs on top of the £300 amount to around £100. Any comments or help would be appreciated asap – as I have to do something in the next few days as the clock is ticking. Many thanks in advance.
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