Reliable Collections

[canniepay]

Ok spoke too soon...

got a letter this morning from Kennedys Solicitors in Sheffield threatening court action if i don't pay the full amount by Nov 30th.

They also say that they have looked at their clients claim and they have the right to pursue and it is me with the misunderstanding because the accounts where taken out in Dec 2007 they don't havE to provide a true CCA.

PLEASE HELP..

Has i don't know what next step to take.

They did say that i could still make a payment arrangement with my client..

 

Don't know what to do.

[count orlok]

Are you still paying then £1 a month?

[canniepay]

No i am paying them nothing,,

[debt4get]

its a threat nothing more nothing less...the only time to be concerned is if and it is a very big if ...the court papers arrive till then its nothing more than hot air and bluster

[canniepay]

What will happen say if they do pursue it and it goes to court whats the proceedure?

Thanks

[Bazooka Boo]

OK, just gone back through the whole thread again just to refresh my memory, and there are a few points that should be cleared up, firstly, agreements pre 2007, if you send a CCA request, they then must send you a copy of the agreement you 'SIGNED', although it doesn't have to have your signature on, agreements post 2007 (Apr) these are normaly tick boxes, if they were taken out on-line, these agreements are deemed to be enforceable, BUT the creditor still needs to show the courts the 'original' agreement, be it with the tick box or not.

 

So, that said, if the details on this agreement are not the same as when you applied for it, then without it they will be unable to enforce this in court, a SAR usually turns this up, or as they are threatening legal action a CPR 31 request will allow you to view what it is they intend to rely on in a court.

[canniepay]

the agreement they sent has my current address on it not the one where i was when i applied online and it had no signature of me.

what do you think i should do?

Has they have sent me a copy of all the orders i placed and i currently have little defence.

Please don't forget i wasn't trying to get out of the debt this came about has they wouldn't accept my offer of a £1 a month payment..

Looks like i'll have to eat humble pie and make a payment arrangement.

[Bazooka Boo]

Of course, no-one on here should suggest debt avoidance, but when they refuse offers of payment, then IMO make it as hard as feasably possible for them to get a penny, and when they do, they have to work for it, as you say, if YOU are happy to pay them £1 a month, then that is all you need be worried about, they do not have to accept it, just get their bank details and set up a standing order to pay them £1 a month.....they can whinge and moan all they like, including sending out their nursery group I&E forms, but it is up to YOU, NOT them who has to decide what you will pay. If in the future your circumstances change then your payments will reflect this.

[canniepay]

Just wondering what the proceedure is if they go to court.

 

can anyone help with this..

Will they send Bailiffs...

 

Thanks

[Bazooka Boo]

Right FORGET about bailiffs, THEY CANNOT simply turn up on your doorstep without a myriad of legal proceedings which need to have been gone through first.

IF you are issued with court papers (SD) then post back and you will get advice of how to put in your defence, so long as you defend any claim made against you in court, then it will be moved to one nearer to you, you will be given the date and time in which to turn up, where you will be able to put forward your defence, most people only get awarded CCJ's by default, whereby they either ignore the SD or are not made aware of it in the first place so can't put in a defence.

I guarantee IF they proceeded to court, AND you defended this, it will either get thrown out, OR, the judge will only make you pay what you can afford.

Don't worry about court, this is the last place they want to go too, if the didn't they would have done this a month or two after you defaulted, so don't worry.

[debt4get]

if old reliable collections take you too court then that would be a first in my book...dont think i have heard of anyone being taken to court by these shysters..personally i would put the account in dispute and send em nothing..however as BB says if you want to pay em the pound a month then do so..happy in the knowledge that they are actually gonna do s*d all

[canniepay]

It's not court that worries me it is the fact that i have very little defence, with the fact that i have had the goods and not paid them since June.

However i did say that the account as only gone to dispute because they wouldn't accept a £1 a month.

And also all our other creditors are getting a £1 a month except two of them and we are working under the advice of payplan but they have been very little help not like the advice on here.

I would like to express my thanks once again it does take the worry away.8-)

Do you the think that this defence is good enough?

What would you guys do?

[debt4get]

i think the fact that they have not supplied you with a true copy is a good defence..as i said i doubt very much this would ever see the light of day in a court...if all you can afford is a pound a court is never gonna order you to pay more..so these muppets threatening court action are simply full of hot air...wouldnt worry..if it were me i wouldnt be paying them until they produce the correct paperwork..however as you say you are more than willing to pay the pound...if that is the case continue to do so..nothing will happen..if they did then take it too court a judge would laugh at them

[Bazooka Boo]

In that case and not having the time to go back through the whole thread again, if you feel that you have little defence, and are unsure as to whether or not withholding payment is a good idea, set up a Standing Order and pay them the token payment of £1 a month, they DO NOT have to accept OR agree to this, they are far too greedy for their own good, it is what YOU can afford to pay them that matters, and they will find it extremely difficult to get this put in front of a Judge if you are paying something.

I think, for your peace of mind, it will give you some reasurance and put your mind at rest if you did so, it is up to you, and when I have some more time I will go back through the whole thread again and see if there is anything missed.

[canniepay]

Thanks Once again....

I really do appreciate the help.

[Bazooka Boo]

Your very welcome, let us know what you decide to do, and if you need further help in doing this...

[canniepay]

I've decided to wait and see if they send me to court....

I'll put my defence that they wouldn't accept a £1 a month so i was waiting to see what the judge would rule?

All my other creditors have accepted this...

Do you have to attend court and put your defence forward?

[Bazooka Boo]

As long as you have that evidence 'in writing' then you should be OK, if they do decide legal action, come back and let us know, and a defence will be given for you.

You put in that you wish to defend the claim when and if you receive it, this allows you more time to get your defence together, then you will need to go to court, (Near you) to put this defence forward to the DJ, who will then decide on any outcome...you'll be fine, don't cross those bridges until they are put in front of you.

[canniepay]

ok will do .

Thanks