need a little help on this one DCA

[seanamarts]

Am a little confused at a response that I have had from a request that I have made to a DCA on the behalf of my partner.

The DCA in question have told my partner via a phone call that they have taken him to court for a debt that is being disputed and that now the bailiffs are being sent in to recover the debt. to my knowledge no court papers have been received with either court dates or the final judgement.

I have asked the DCA involved for records of the court Judgment, and dates etc, their reply was that they are unable to obtain copies of all the court papers as they deal with the Northampton County Court Bulk Centre and send their requested for claim and judgment by disc and the court do not keep copies,.

With out case reference numbers and dates I am unable to get these details from the court.

Now is this is ploy to scare my partner to pay or is this true cant they get the records or case numbers, Not worried about the bailiff threat at this stage as they said they are being sent to my partners parents house and he dosnt live there so it would be futile sending them there and I have informed the DCA of this.

Any help any one

[Guest wino]

If they had applied to court then your partner would of received notification from the courts albeit at your partners parents house.

[gni03349]

Until you receive official notification, just ignore them. All the courts would keep a record of some kind, even if it's just a record of a judgement. These DCA **** will try anything to extract money from people, whether they owe it or not, and whether it's by legal means or not.

 

You would have also received the papers about any court hearing BEFORE it happened.

[seanamarts]

Nothing was recieved, but funny this they now have the information, !!!

it went to court in march of last year and he was ordered to pay 50 pounds a month. but he has had nothing just endless phonecalls demending money, it was only recently that they said it had gone to court.

[gni03349]

Is it fact that it went to court in March last year?? Or is it what you have been told by them?

 

Unless there is proof that there is a debt, they can shout all they like.

 

It's not up to you to prove you don't owe.. it's up to them to prove that you DO!

 

Once some little trickles of paperwork start to come through, you will have a clearer idea of what is (or is not) happening.

 

Unless a court issues pre-hearing papers and actual judgements, there is nothing they can do... except fraudulently.

 

Has there been any change of address at all in this time?

[ODC]

They are probably spoofing. Had they got a CCJ last year you can be sure as hell they would have enforced it by now. Your best bet would be to record these twats on tape telling you they had a judgement and that they are sending the balliffs round then you would have an excellent case under the new Unfair Trading Regulations 2008

 

If a judgement has been granted against you you could find out here RTL Home

[seanamarts]

This is the email I have just recieved from them;

The claim papers were sent to************ Road on 5th March 2007 and we

believed you were aware of the claim as we were contacted on 7th March

and an offer was made to pay £50 per month by 21/3/07 but as no payment

was received judgment was entered on 29th March 2007 and on 2nd April we

were contacted again offering to pay £50 per month by 6th April.

Therefore leading us to believe that you had received the papers from

the court. A letter was sent to you on 16th April informing you that

you were in arrears and you contacted us again on 20th April making

another offer to pay £50 per month leading us again to believe that you

were receiving the letters.

 

You contacted us on several occasions after that to inform us that you

could not make payments and were told by our collectors that a bailiff

will call and you claimed you were happy to deal with the bailiff,

therefore fully aware of the proceedings issued against you.

 

Therefore we await to hear from the court.

 

Regards,

 

My partner has informed me that he has never phoned them, they called him and he cant remember whether they told him if it was pending to go to court, he does remember agreeing to pay £50 a month and does remember teling them at one point that he was off sick and couldnt afford to pay them. Im going to write to the court requesting all information with regards to this matter. they have now given me a case number, so I presume it has gone to court, but why push for it a year later.

[seanamarts]

by the way we have heard nothing from any bailiffs

[gni03349]

Only get the information from the court for your own information for now, so you know what happened. It is still up to them to prove you owe any debt... an email isn't exactly proof! It is just a summary of what they say has happened. It will at least give you some breathing space until

something can be done. Note what ODC has said.

 

My advice would be to ask the court when judgement was made and to which address any communication was sent.

 

You need more professional advice which I can't give, but there are plenty of people who will be able to help.

[seanamarts]

They are probably spoofing. Had they got a CCJ last year you can be sure as hell they would have enforced it by now. Your best bet would be to record these twats on tape telling you they had a judgement and that they are sending the balliffs round then you would have an excellent case under the new Unfair Trading Regulations 2008

 

If a judgement has been granted against you you could find out here RTL Home

 

Thanks for that, have emailed the court for more info.

[seanamarts]

Only get the information from the court for your own information for now, so you know what happened. It is still up to them to prove you owe any debt... an email isn't exactly proof! It is just a summary of what they say has happened. It will at least give you some breathing space until

something can be done. Note what ODC has said.

 

My advice would be to ask the court when judgement was made and to which address any communication was sent.

 

You need more professional advice which I can't give, but there are plenty of people who will be able to help.

Thank you for that info, just sit and wait now for the paperwork to come rolling in