B ad situation re Claim - please read... help if can

[charlie*]

Well, for all that, due to circumstances, we did not put up a defense within 28 days following a CLaim from the courts.

 

Instead we wrote a letter which was in their hands by 9.00am of the 28th day explaining a difficult situation and that we had requested certain information from the claimant inlcuding CPUTR that might have helped form a defense.

 

Their reply, short and to the point acknowledged our letter and pointed out that we must have a defense in no later than 28 days following service of the Claim letter OR, judgement MAY be entered against us. (MAY ??)

 

It it is, they continue, we would need to apply to set aside and pay a fee. £80.

 

Having looked at one or two reports herein on defenses, I really don't know that I can handle this - too old, short term memory is shot.

 

Anyway, any thoughts much appreciated.

 

I thought I was being so smart, but, obviously not

 

Thanks

 

charlie*

[asokn]

Not sure what the context of this post is, it appears to refer to an earlier history but isn't part of a thread.

 

What's the position with this case?

[charlie*]

We have asked questions in previous threads but all that is in the past, irelevant.

 

The problems now is simple really, our OC could not produce a legible agreement - we made four attempts to get one over a year - they were all copies of the same, all illegible, so we told them no agreement, no money. That was a long time ago. Finally, they issued a faulty DN, by 4 days. They made no attempt to issue a new and corrected DN, we having sent a letter of acceptance asking for the amount of any arrears (as per last year's discussions herein).

 

Eventually they sold the debt to the DC whom we asked for proof of claim - all we got was a cocked up assignment letter and a mockery of a re-hashed default process that should be made a matter of law - we insisted in every letter that there was no debt, no contract. Finally we did an SAR to the DC that was a waste of money, same illegible app form and a bunch of statements - oh, and T&C's dated several years out of date - as were the T & C's we had from the OC. Eventually it went to lawyers who issued a Claim. During this period I was not well (I am 82 and semi infirm) and under the hospital for suspected nasties these last few weeks so I did not do as much as I might have in different circumstances... I did a CPR letter requesting CUPTR(2008) and pointed out certain laws, which I hesitate to mention here - 10 days before the 14 plus 14 days was up having earlier indicated an intention to defend. Our request was ignored so, in my ignorance, I wrote a letter to the court telling them that we could not submit a defense as material evidence was not forthcoming. In due course, a letter from the court arrived stating that a judgement may be made in which case, an app to set aside would need to be requested and paid for. We are still waiting.

 

In essence that's about it.

 

Reading over this it does seem to me that it might not be easy to discuss this matter on CAG because some of the tactics used are not used here and I would not want to cloud any ideas members may have of what CAG can do for them. I think what we need to do is to now get on track regarding court procedures with a view to putting a defense together.

 

I have to say that I am aware of some elements of the 1882 Bills of Exchange Act which clearly states that when a debt is paid off, it is extinguished which links in with the advice given everywhere, DO NOT SPEAK WITH DC's - they try to get you to contract with them... the point being that unless they get you into contract, they have no claim - no contract so as an (alleged) debt is paid off by them, it cannot exist for them to claim from you unless there is an agreement. Now whether this can be used as defense, I do not know - it should be because the Act above is law.

 

So here we are, hanging in space wondering what will happen next... we need to be prepared for the worst, hence this request for advice.

 

Many thanks

 

charlie

[asokn]

"I have to say that I am aware of some elements of the 1882 Bills of Exchange Act which clearly states that when a debt is paid off, it is extinguished which links in with the advice given everywhere, DO NOT SPEAK WITH DC's - they try to get you to contract with them... the point being that unless they get you into contract, they have no claim - no contract so as an (alleged) debt is paid off by them, it cannot exist for them to claim from you unless there is an agreement. Now whether this can be used as defense, I do not know - it should be because the Act above is law."

 

Incorrect I'm afraid, the DCA is assigned the debt, it does not pay it off for you. This is a frequent fallacy found often on the Internet and it's entirely misconceived.

[charlie*]

Hi asokn

 

Re the Bills of Exchnge Act... if a debt is merely assigned, that surely means it does not change hands, as you explain above, they must be telling lies when they state quite clearly that 'we have purchased your debt'.

 

Are they lying?

Edited February 25, 2012 by charlie*

[asokn]

If it's assigned by it's nature it has changed hands. That's what assigned means. The new creditor has paid for the assignment, it has not paid off the debt itself. Hence the creditor had purchased the debt which is entirely different to paying off the debt.

 

It's the inverse of a debtor borrowing money from a friend to pay off a debt. The friend has extinguished the debt, he has not suddenly become the creditor.