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    • BBH123
    • By BBH123 12th Jan 18, 12:10 PM
    • 526Posts
    • 832Thanks
    BBH123
    Failed Court Action
    • #1
    • 12th Jan 18, 12:10 PM
    Failed Court Action 12th Jan 18 at 12:10 PM
    If a creditor takes you to court and then 9mths later at time of the hearing withdraws action do you have to keep paying them ?


    I have multiple debts and am paying via StepChange and have been for a few years but after a couple of missed payments one credit company took me to court.


    I challenged denying the debt and asking for proof and after all this time they couldn't provide it so withdrew. However they then sent a letter saying they will possibly re-instate court action if I don't keep paying ?


    Can they do this, do they mean only if proof comes to light and also what about the years I have been paying a debt I don't have ?
Page 1
    • sourcrates
    • By sourcrates 12th Jan 18, 12:31 PM
    • 13,054 Posts
    • 12,363 Thanks
    sourcrates
    • #2
    • 12th Jan 18, 12:31 PM
    • #2
    • 12th Jan 18, 12:31 PM
    No evidence of liability, and they threaten court action...hmmmmm.

    They have to provide evidence to the court (and you) when asked, usually its in the form of a credit agreement, if they don't hold such a document, then normally it would not be pursued any further.

    Technically (if the creditor wants to, and decided the costs were worth it) they could argue the case in court via a solicitor, by providing other evidence, such as statements, copies of payments to the account etc, but in 99.9% of cases, not having a valid credit agreement would mean there was no case to answer.

    Having said that, it is possible they may "find" the agreement at a later date.
    Last edited by sourcrates; 12-01-2018 at 12:34 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 12th Jan 18, 1:01 PM
    • 11,783 Posts
    • 8,876 Thanks
    fatbelly
    • #3
    • 12th Jan 18, 1:01 PM
    • #3
    • 12th Jan 18, 1:01 PM
    If they have sent a notice of discontinuance, then I would argue that they have agreed the debt is unenforceable, and I'd stop paying it.
    • BBH123
    • By BBH123 12th Jan 18, 4:25 PM
    • 526 Posts
    • 832 Thanks
    BBH123
    • #4
    • 12th Jan 18, 4:25 PM
    • #4
    • 12th Jan 18, 4:25 PM
    Thankyou both, this action was going on for 9 months and they were tooing and froing with different things ie would I sign a Tomlin order, and I was answering the court letters. I'm sure they'd have found it if it was there to find, it was originally a different company 16yrs ago though.


    Can I ask for the money back that I have paid as there is no proof the debt is mine ?
    • sourcrates
    • By sourcrates 12th Jan 18, 4:50 PM
    • 13,054 Posts
    • 12,363 Thanks
    sourcrates
    • #5
    • 12th Jan 18, 4:50 PM
    • #5
    • 12th Jan 18, 4:50 PM
    Can I ask for the money back that I have paid as there is no proof the debt is mine ?
    Originally posted by BBH123
    Err.....no, although failure to provide a valid credit agreement prevents court action, technically, the debt is still owed, it is not extinguished under UK law, so i doubt you will get very far with that one, unless you are saying the debt was never yours and its a case of fraud, that would be an entirely different ball game.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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