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I have started court actioon for Defective Default


slybeth4
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Hi Guys,

 

I have gone through the CCA process since March 09, and now ave all the debt collectors chasing me. Bank of Scotland have acknowledged that the debt is unenforceable, but DCA stiil chasing, although its gone very quite lately.

 

However, all 4 creditors have trashed my credit file (defaults) and it has caused me very serious problems as I am a co.director. Could not even get a bank a/c open, which was seriously embarassing with my co-directors!!! :mad:

 

Any way, I have checked all 4 D/N's and all are defective in that they do not provide the clear 14-days! So, I have initiated court action against the creditors to remove the data. All of them have sent the AOS with an intention to defend.

 

My CCA process started in March 2009 and I was defauled July/Aug. Has anyone had any experience in taking them to court. Is my defective default a good case for requesting its removal ? Will the court say why it took me so long to bring a case ????

 

I have also written to each (seperate to the court action) making a 10% offer to settle on the conditon the default is removed.

 

Thanks for any feedback.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not in this instance by the look of things dx.....Flaux noted that each case should be heard on its on merits thus 'enforcement' would follow same route as courts decision.

 

Subbing, have a similar ongoing battle with RBoS. Defaulted current account with multiple bounced d/d charges for a 'linked' loan account which they hold no agreement for.

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