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Court threat for asset finance but won’t collect asset to cover the debt


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Hi- as above , asset finance company have sent a pre action pack for £1810 for a personal guarantee on an asset , they refuse to collect , which would pay the debt twice over 

dry ager meat cabinets 

 

I can’t sell them I don’t Own them , they refuse to answer SAR and they refuse to collect (told me in phone call they won’t collect) - it’s been a year aswell , so assets have depreciated while they have sat in the same empty shop they delivered them too . They are still there .

 

how do I approach this , they have a duty to collect and duty to mitigate losses before starting court action - but what is the legal narrative on this ? 
 

Just defend and tell the court (if it gets that far)  they refuse  to collect I don’t owe the debt - the asset can clear it and provide evidence of values of items - valued £2000 each and there are two - so could sell £4000 , take away fees etc would still clear debt 

 

any ideas ?

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Simple use our pre action protocol reply pdf

and state the asset is and has always been available for collection since xxx date.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks , will do , I understand mitigating of losses is a general rule rather than law , and they are being unreasonable in refusing to mitigate  their loss by collecting assets - and l would defend the whole amount claimed on this basis , and fact their delay has lessened value of assets etc - 

 

they would run up more than the claim amount in solicitor fees if they take this to court and don’t collect assets , as it’s small claims and costs can’t be awarded 

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