Would it be best to go Bankrupt

muffin42

hi
I have about six in total but only this one as been taken to court.
I did submit a defence ,in that the debt was over 6 years old but for some reason this was quashed.

stebiz

muffin42 wrote: »

hi
I have about six in total but only this one as been taken to court.
I did submit a defence ,in that the debt was over 6 years old but for some reason this was quashed.

When you say it was quashed what do you mean? Did you attend court? Who quashed it?

i) Did you receive a summons?
ii) Did you issue a defence?
iii) Did you complete an allocation questionnaire?
iv) Was a court date given?
v) Did you attend?
vi) Did the other party attend?
vii) Was judgement awarded?
viii) If so when was judgment awarded?

We really need to get these facts straight so I can tell you what I did.

Stebiz

stebiz

muffin42 wrote: »

hi
I have about six in total but only this one as been taken to court.
I did submit a defence ,in that the debt was over 6 years old but for some reason this was quashed.

As for the other 5.......are you making any payments at all on these?

Stebiz

muffin42

hi

I will try and answer your questions in the order you ask.
i) i did receive a summons
ii)i did issue a defence
iii) i did complete the allocation questionnaire.
iv) No court date was given the case was transferred to my local court.
v)Did not attend
vi)to my knowledge no
vii)the case is still pending so no judgement as been awarded.
So i,m unsure what to do next.

Muffin42

stebiz wrote: »

When you say it was quashed what do you mean? Did you attend court? Who quashed it?

i) Did you receive a summons?
ii) Did you issue a defence?
iii) Did you complete an allocation questionnaire?
iv) Was a court date given?
v) Did you attend?
vi) Did the other party attend?
vii) Was judgement awarded?
viii) If so when was judgment awarded?

We really need to get these facts straight so I can tell you what I did.

Stebiz

stebiz

muffin42 wrote: »

hi

I will try and answer your questions in the order you ask.
i) i did receive a summons
ii)i did issue a defence
iii) i did complete the allocation questionnaire.
iv) No court date was given the case was transferred to my local court.
v)Did not attend
vi)to my knowledge no
vii)the case is still pending so no judgement as been awarded.
So i,m unsure what to do next.

Muffin42

Okay after submitting an allocation questionnaire the court then find a date in their calendar to have a hearing. Hence the courts comment 'it is still pending'. The next you will get is a date to attend. I think we now need to ensure that your defense is good. Exactly what did you say? Can you get a copy on here (leaving out the personal info)? If you are relying on the 6 year rule are you 100% sure that the last time you made any payment and admitted owing them money was over 6 years ago?
How much is the debt?

I am not a qualified lawyer. I have read up lots on the subject and read some law at degree level. I can't offer advice. I'm simply telling you what I have done in your position.

Stebiz

muffin42

The last thing i had off R&W was a letter say judgement had been issued against me. Clearly this is not the case as confirmed by my local court.
Why would they say this.

stebiz

muffin42 wrote: »

The last thing i had off R&W was a letter say judgement had been issued against me. Clearly this is not the case as confirmed by my local court.
Why would they say this.

I think a letter to the court (by recorded) asking when they expect you to receive your hearing date. If there has been a hearing you can then quite legitimately say that you weren't aware that it is existed and ask for it to be set aside and basically start again.

Stebiz

Ames

I think you need to take what R&W say with a pinch of salt. DCA's aren't known for telling the truth and telling you what you need to know, they could well be trying to scare you into paying up before it goes to court.

muffin42

Thanks i will write one out and send it tomorrow.

muffin42

Yes think you are right on that one.

Ames wrote: »

I think you need to take what R&W say with a pinch of salt. DCA's aren't known for telling the truth and telling you what you need to know, they could well be trying to scare you into paying up before it goes to court.