CLI Chasing Jamaica National Small Business Loan debt

[syphont]

How to I prevent this?

 

"Our Client has now instructed us to proceed through the Courts in order to collect the above debt. Hopefully you will seize this final opportunity to settle the matter amicably to prevent the issuing of a Clain in the County Court and the addititional Court fees and lLgal costs that this would generate."

 

1) I have not received a default notice from the alleged creditor within 6 years.

 

2) So far I have not received any Notice of assignment or Deed or assignment from CLI.

 

3) There is also no evidence tying me to any communication with the alleged creditor in the 6 year limitation period which is also the case in Jamaica. Any such communication they trump up I can flatly deny.

 

I3) How can they take me to court for an international debt when they do not own the debt?

Edited December 19, 2020 by syphont

[AndyOrch]

Is that the third or fourth last chance ?   Have they sent you a Pre Action Protocol pack yet ?

[syphont]

I have received fom following from them:

 

1) a Formal debt recovery notification

2)A Final Reminder

3) A notice of personal visit

 

 and now this... no PAP. All within 2 months.

 

Edited December 19, 2020 by syphont

[AndyOrch]

Well until a PAP arrives...which will allow another 30 days before litigation can be commenced......stop worrying.

[syphont]

What is the logic for doing this?

 

Edited December 19, 2020 by syphont

[AndyOrch]

Sorry I dont follow....in respect to what ?

[syphont]

What is the logic for doing this? Let us assume the PAP arrives. Now it is at the court level. I will still have to do something at this time with 30 days till litigation.

 

I would rather have a plan before then, by considering my options now. I do not want to have to "cross that bridge when I get there". I want to consider from now, being proactive vs. reactionary.

 

I other words, assume that I did get a PAP, what do I do?

 

Considering the three points I made in my most recent followup post today, what can I do?

 

Please help

Edited December 19, 2020 by syphont

[dx100uk]

they need mugs to fund their xmas staff party drinks bill with free money.

 

i could instruct my dog to sit

if it does is a totally different matter.

 

we will jump

we are going to jump

we really will

we really really will.

oh but we can't we don't own the debt...damn!

[AndyOrch]

The receipt of a PAP is an indication that they mean business...but not necessarily litigation....so if you do get one then you can request all the documents required and you will see if they can comply.

 

You state the debt is statute barred anyway so I really cant see why you need to be proactive..

 

Their letter of threats simply expect you to jump and panic.....and pay.....so they dont have to to justify disclose and prove their claim.

[syphont]

The thing is that I I suspect that any alleged debt I may have with them would be statute barred already, or (more importantly) will be statute bared in March-April of next year. I have some doubt on this since the years on any alleged debt are abit blurry, and I do not know for certain.

 

Can any actions be delayed?

Edited December 19, 2020 by syphont

[AndyOrch]

Well you will be able to establish all the details if and when a PAP is utilised and if they can comply...then if they issue a court claim you will have all the details to prepare a defence to the claim......but as of now its all... ifs... buts.... and maybes.

 

So not point worrying. 

[syphont]

What sorts of things will they have to provide with the PAP that would show they can comply and the PAP is valid?

 

Should I not have to have been sent the following by now?

 

1) Notice of Assignment

2) Deed of Assignment

3) Default Notice

 

I have none of these things. or can they legally back-date and send these things after the PAP?

 

Also, what are the chances that they ase attempting to get a backdoor CCJ, as I have not communicated with CLI at all, and they may have no evidence that I have gotten the letters? All CLI correspondence was by 2nd class unsigned for mail;

Edited December 19, 2020 by syphont

[AndyOrch]

Whatever you request.....agreement statement of account default notice notice of assignment.

 

Debt collectors do not have to disclose anything until a claim has been issued...thats why you ignore.....might as well be a stranger knocking at your door asking for 4K...and they need not prove a thing.

[dx100uk]

whatever you demand on the PAP reply form..

but that wouldn't come from a dca anyway, but a solicitor. who's client is the debt owner,

to date the cli letters say our client...who is....

 

go enjoy you life and stop worrying about 

 

was this latest comms by email or text - a free way to scare mugs...both of which you should be ignoring, blocking, bouncing and reporting as spam...

 

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group

[syphont]

OK. Also, can they legally act on behalf of an international creditor when they do not own the debt? Is this even possible?

[dx100uk]

nope as above..

 

[syphont]

The communication was by 2nd class mail. Could they be attempting for a backdoor CCJ?

 

Based on previous response, are you saying that if this were legit, communications should be through a solicitor?

 

Also, The link you provided states it only applies to England and Wales. The debt is international., so does nay of this appli?

 

Furthermore, could they not be using one of their internal solicitors?

Edited December 19, 2020 by syphont

[AndyOrch]

How can they get a back door CCJ when they are writing to your correct address ?  They dont need a solicitor yet until they send a PAP...they are hoping you are panicking which you are ...ready to poop your pants and pay.....why go to the cost of solicitors and court claims when they know you will give in ?

[syphont]

OK. The thing is, if I do get a PAP next month, and I am correct in thinking that the alleged debt which would normally be statute barrred in april next year would no longer be since action was taken before expiry in april?

 

Could this not be the reason why they are pushing it now?

Edited December 19, 2020 by syphont

[AndyOrch]

Again.... all ....ifs but and maybe.....until/if the PAP arrives we are worrying about something we have no control of or the reason to why they are pushing now.

 

Yes if a court claim is issued before March 2021 then that would stop the limitations clock....assuming you are correct about March 2021.

[syphont]

If the only peice of evidence of communication claim was a single email, could I flat out deny the correspondence?

Edited December 19, 2020 by syphont

[dx100uk]

you have already been told emails do not count.

send our sb letter,

can we please stop going round and round in circles for over 6 weeks now..?

[syphont]

Please do not think I am trying to be a pain. I do appreciate the help you have provided. However, when I research, I come up with statements similar to this:

 

The admission in writing has to be accompanied with a signature, arguably an email with a digital signature could be sufficient acknowledgment. A digital signature could be interpreted as your name typed at the end of a letter.

 

It would really help if you could provide some concrete legislation or precedence that proves emails cannot be used to reset statute of limitations.

 

Could you please?

Edited December 19, 2020 by syphont

[AndyOrch]

Have you sent an email with a digital signature ?

[syphont]

On the record, I deny having sent any email with a digital signature. Any email sent to an alleged creditor that they may have obtained could not have come from me. I would therefore request that they provide hard evidence that any and all signed communications or emails made within the statute of limitations that they may have, originated with me.

 

My assumption would be that a fake email might have been used to make it appear that I sent them communication.

 

Off the record, not sure if I did. It was a long time ago.

 

Edited December 19, 2020 by syphont