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Debts in Dispute


Seminole
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A quick scenario:

 

A company belies that an individual owes them money. The individual believes that they have a valid counterclaim against the company if the matter goes to court. The company threatens the individual with court action but doesn't issue proceedings. The company places a default on the individuals credit file and refuses to remove it. The CRAs play their usual games and refuse to do anything other than let the individual place a notice of correction on the file.

 

Assuming that the contract exists, is either non-CCA regulated or the company can produce a valid agreement and that the alleged debt isn't statute barred, what can the individual do?

 

I suppose one option might be to sue the company for defamation over the default but most people don't have deep enough pockets to do that.

 

Could the individual sue the company on the basis of the counterclaim?

 

Are there any other options?

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Hi Seminole,

Welcome back

 

I am unsure about this as I see myself as a good-hearted numpty trying to help where I can.

 

Would it be worth using CPR as the company has threatened you with court? I don't know if it can be used but it makes me think about Pts thread 'Making them show you theirs'

 

Just a thought

 

Regards

 

GK

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Hi Seminole,

Welcome back

 

I am unsure about this as I see myself as a good-hearted numpty trying to help where I can.

 

Would it be worth using CPR as the company has threatened you with court? I don't know if it can be used but it makes me think about Pts thread 'Making them show you theirs'

 

Just a thought

 

Regards

 

GK

 

Thanks for that. Just to clarify, I am asking this as a general case. It's not me!!!

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