Not defending a Court Claim from fear - will other DCA's follow an "Easy target"?

[Toby_Brighton]

A DCA, Moriarty Law has contacted me over a phone bill from Dec 2012 (so not a 6 year debt yet).

 

It was for £300 and I remember a dispute over the final payment in 2012 that I was unfairly asked for as I had terminated the agreement over the phone, but this seemed to have not been recorded.

 

This debt was obviously “sold on” as I received one letter from a DCA in 2014 at my previous address in Suffolk and then nothing until this one arrived at my new address in Sussex a few weeks ago threatening court action if I didn’t pay from Moriarty.

 

I didn’t respond as I thought they would leave it and it was a new address and I was scared that it could be a trick to check my new address and other debt agencies could catch up with me, if the details were somehow passed on from Moriarty.

 

Well now a court claim has turned up.

I am in two minds what to do.

 

 

At the moment I can afford to pay it (as for the first time since 2010 I have managed to start earning out my way out of poverty for the past 6 years or so), but don’t feel I should because it was unfair charge at the time.

 

However

I have alot of stress at work at the moment and don’t want the hassle or uncertainty of making a defence (see my reasons below relating to possible unemployment and further outstanding debts) ,

so I am thinking of just paying it anyway.

 

But my concern is that the DCA (Moriarty) might think I am an “easy touch” and look for other debts from my previous address (I assume they can look these up on Experian – I have never logged on to this as you have to give your current address and other creditors could find your new address - which has happened to other people I know).

 

 

I have a few other debts from that time period in 2012 (2 * £500 debts from a bank account overdraft and the same banks credit card) and a different DCA is sending debt letters to my previous address but has not found me at my new address) where I am going to try and negotiate a settlement now I have some money.

 

 

I don’t want to potentially jeopardize these negotiations by paying up "without a fight" to Moriarty’s claim against me.

 

there are two issues here that that I am trying to resolve:

1. I am worried that if I pay this amount to Moriarty, that they will look up my credit history via e.g., Experian and go after other debts as I am perceived as an “easy target”. Do others on this forum know of this happening?

 

2. If I defend the claim and ask for proof that I owe this money I guess they have the necessary documents proving the debt from the original phone company. Or maybe not.

 

 

However if I make a defence and I lose it (because they can prove the debt – is this likely after a previous DCA had passed it on to Moriartys?) , then I may have a CCJ against me and my current contractor will no longer hire me as they have a clause stating they won’t hire people with CCJ’s.

_ I will go back to not having money and not being able to pay off or negotiate the debts!

 

3. Do you get a CCJ if you lose the defence and still pay the amount owed (how much more costs would incur fighting the defence assuming it also done via paperwork and quickly – at the moment the court fees and legal costs on top of the £300 amount to around £100.

 

Any comments or help would be appreciated asap – as I have to do something in the next few days as the clock is ticking. Many thanks in advance.

[dx100uk]

defend it

termination fee in 9/10 court claims are not a reason to cough up and are some what unlawful.

 

 

please fill this out

and stop being a sacredly cat..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

[dx100uk]

oh a go get and update your credit file

HIDING is NOT a good idea and is an old wives trick that only results on backdoor CCJ's

 

 

as for paying that's another matter

a DCA IS NOT A BAILIFF

and has

NO SUCH LEGAL POWERS.

 

 

dx

[ericsbrother]

85% of all court claims go undefended and that is why these companies issue claims.

Surprise them by defending and then send a CPR 31.14 document request asking them for proof of the claim,

their right to take civil action (they cant claim on someone else's behalf),

the exact amount due and how it is calculated,

proof of a contractual liability etc.

(they wont have the recording of the call so wont be able to prove the debt is real)

 

They will probably drop the matter once they know that they are going to have to shell out a good few quid just to get nowhere.

 

Dont forget, they have to prove you owe the money,

not the other way round

 

anything you have that helps you is a bonus rather than a necessity but you will have to drag the information out of them.

 

as for opening the floodgates for other creditors- no, each will take their own view on assessing risk and reward

Edited April 21, 2017 by honeybee13
Paras.