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By BankFodder · Posted
Post up the defence in PDF format when you receive it. -
not a good idea to ignore them if the debt is SB'd, it could be the OP has moved since taking out the credit and never informed the OC or the debt buyer they have moved in WRITING and their letter is to see if a response comes , if not they'll file a backdoor CCJ. the matter of any acknowledgement comms from the debtor to the owner seems to also be getting rather watered down and miss quoted in recent times everywhere, inc many of these so called debt advise charities etc..... acking a debt is where you specifically state, yes i have a debt with you, and sign the letter, anything else is NOT acknowledgement and cannot be deemed as such. always send our SB letter!! if you are 1000% sure a debt is SB'd, it nails any dca in their box and protects you from further harassment under CONC rules. dx
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you are seriously overthinking ALL of this at every stage. bailiffs can do stuff and all even if a creditor gets a CCJ (fat chance if defended properly) debt is not a crime debt is not illegal. a CCJ on a consumer credit debt holds NO right of forced entry , stop watch silly TV programs.!! those are not COURT bailiffs , they are a private Bailiffs Company of High Court Enforcement Officers (HCEO's) , never appointed by a county court over a debt regulated by the consumer credit act. please!! stop panicking and over thinking everything to the enth's degree.
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No, don't bother with the defence. It's unclear what you want when you mention a draft?
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They are at least entitled to try to claim interest, although the court would be unlikely to grant it all. The court & legal fees are correct too. The main issue is that they have turned £100 into £165 when this is specifically ruled out in both POFA and the new government CoP. As far as I know, yes. They did send a Letter of Claim. I don't know what the fleecers are wittering on about. Your WS with the two attachments is fine. In (5) it should be if the claimant had checked the land registry they would have seen that the property had been sold on the 1st of October You might as well spell it out in (9) I believe I have a realistic chance of defending this claim. I attach a draft defence and also a draft of the order I would respectfully request the court to make. The only problem is your not attending court. I think it's too late now to try to find a way round this. Do what Andyorch says and include a covering letter saying you will not be able to attend the hearing due to being out of the country and no disrespect is intended towards the court. It's essential you e-mail both the court and the fleecers with everything on Monday as IIRC you're supposed to give the court seven days notice of non-attendance.
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