Court Claim Form for Money I dont Owe! Scared !

ghands · 26 January 2008 at 12:02AM

Hi guys,

Am really scared. For the past year a debt collection agency has been claiming that I owe 500 for rent not paid at university (4 years ago) - the company behind the debt - lets call the H Rentals said I owed them for Aprils rent.

The thing is, they bought the halls the year after I left ! I paid the university who owned and ran them then. And I paid all my rent ! I even got my full deposit back which you are not supposed to get if you owe money.

Anyway, I explained all of this to the debt collection agencies, who agreed with me a left me alone. Now I find that the company themselves H Rentals have applied to get a judgement against me in Newport Wales for £1000+. I live in Bradford and they are nearby, so this is bizarre.

They havnt provided me with any invoices, numbers or anything - just £500 owed, rent May 2003. I don't have bank statements from back then, I don't even have that bank account ?

I don't understand - I have no contract and have never dealt with H Rentals, what can I do ?? I can't afford to pay out £1000 anyway, let alone money that I dont owe !

R

maddriver · 26 January 2008 at 12:51AM

First thing that springs to mind is, is the form stamped by the court? (Have had unstamped forms sent as a form of final demand - they are not valid unless stamped)

Next if this is a valid court form then you should have recieved a pack that includes the form to post a defence. Your defence can be as simple as "this debt is in dispute" (IIRC a debt in dispute cannot be taken to court until the dispute has been satisfied, or at least reasonable steps have been taken to settle the dispute - no doubt someone will confirm or correct this).
It could also be as complex as showing that you were not in these halls of reseidence at the time you were alleged to owe money for.

sunshine_shell · 26 January 2008 at 9:52AM

You can contact the bank and ask for old statements i think there might be a charge also contact your Uni and ask them to send a letter of the details you have siad above so you can take that to this vile people and show them that you didn't live in the halls when they owned them! Good luck!

ghands · 26 January 2008 at 3:09PM

I don't have that bank account anymore, due to genuine debt, and being a bad student, don't remember my account number ? Can I still request statements without any of these details ?

I do know that my contract was with the university not H Rentals, and that I got my full deposit back from the university not H Rentals. The debt collection agency agreed with me when I informed them of all this, but H rentals themselves just ignore anything I say or write !

maddriver · 26 January 2008 at 5:31PM

BTW - I am not a lawyer or legal expert

What I would do is keep copies of all letters sent to both DCA, and H Rentals.

Write a letter to H Rentals stating that you are not aware of any money owed to them, asking for proof of the debt. Send this Recorded, so that you can prove it got there.

Your defence to the court is, this debt is in dispute, as I am not aware ever being a customer of H Rentals. H Rentals have not provided any proof of a contactual relationship with myself, dispite repeated requests.

At the same time follow sunshine_shell's advice and contact the uni, asking for anything that shows when you were staying there, and whether anything was oweing when you left. If they are not forthcoming, then you may be able to request under the Data Protection Act.

The court should then look to H Rental top provide proof that you owe anything.

Burlesque_Babe · 26 January 2008 at 5:43PM

Yes, you can still request the bank statements. You need to write to the bank, there is a template letter in the Bank Charges Board. It will cost £10 for them, just give your name, date of birth, address at the time or when the account was closed. They will be able to send the statements, although it might take a bit of time, they have up to 40 days to send them out under the rules.

Don't deal with the DCA on the phone, do it all by post. Send everything recorded.

ghands · 28 January 2008 at 4:18PM

The debt collection agency agreed with me over not owing the debt. The rental company themselves have taken out a court claim.

sunshine_shell · 28 January 2008 at 6:54PM

do you have a letter from the DCA saying this?? If not you need to get one.

Court Claim Form for Money I dont Owe! Scared !

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