me v Incasso need advice in getting the evidence off them

[viking657]

Ok quick summary, I have a default entered against me for 10,000+. I have never signed a credit agreement with them and as its a business debt with a supplier and my shop was destroyed by fire I don't have the records to even say one way or the other if I morally owe this or not.

What I do know is I never asked for or signed any sort of credit agreement.

I have tried for set aside and staying of the writ but failed as I applied for remission of fees and my evidence was not good enough, other than that my defence and reasons seem sound for this to go ahead. I intend to reapply for this as soon as I can.

 

As for dealing with the bailiffs thats all under control and I can deal with them, I've already forced them to return this to the claimant twice.

 

What I need help with is how do I get the evidence they used to get this judgement off them?

I've sent them a letter stating I want to see it and outlined my defence to them citing the 1974CCA but as yet have been ignored.

I do have other evidence to support the lack of credit agreement and if such as debt does exist then they share part responsiblity for its existance.

 

what I'm also worried about is further action by them, I don't think them taking me back to court to request further info or to make me pay is really a problem as the issue can be brought up then with regards to if this debt is even enforcable and if it is I pay and if not game over for them.

 

I really want to know if, on a default judgement, they can start insolvency procedings?

 

We are a low income family, my partner works I look after the kids, have no assets and no hope of paying this so in everything I've researched I can't see them going for insolvency but I'd like some advice over this please.

 

I think I can fight this but need pointing in the right direction, I know I could end all this tommorrow by simply applying for the courts to set my payments - probably £10 a week or maybe month! But theres quite alot of what I feel as sneaky tactics to pursue me for this and I want to fight back.

 

Any questions please ask

 

Thanks in advance

[dx100uk]

sar the supplier

 

dx

[viking657]

Thanks dx I'll get something put together and the post monday

 

Any thoughts on my other questions guys?