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Why Havn't My Creditors Taken Me To Court?

I don't wish to tempt fate here...........

But after a year and a half of hassel, and threats, and scarey letters etc..... nobody has done anything about taking me to court! *phew*

Could it be that they don't have the actual Credit Agreements.........?

And therefore none of them would stand up in a Court of Law?

I find it hard to believe that all my Creditors could have lost The Agreements?

Ofcourse during this time ive had a couple of debts 'bought up' by other companies..........Maybe they all will be eventually? And i'll end up 'owing' different organisations?

Incidently The Original Advice From CAB Was ......to Go Bankrupt............But i dont have the £500 or the £350 (cos i'm on Income Support) in order to do so.

Comments

  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    In a Court they will have to prove their case;)
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • are you a home owner
    if not thats why they not taking you to court because you dont have security ( a house ) to put against the debt
  • Ames
    Ames Posts: 18,459 Forumite
    I'm exactly the same, on IS, no assets, CAB said go bankrupt. It's been a couple of years now and although my debts keep getting passed around no one's tried to take me to court, even though they're only getting £1 a month each.
    Unless I say otherwise 'you' means the general you not you specifically.
  • ebsay2000
    ebsay2000 Posts: 6,571 Forumite
    I'm living in a rented house.

    I have no possesions of much value.

    Thats interesting Ames , thankyou for your input.
  • 10past6
    10past6 Posts: 4,962 Forumite
    Ames wrote: »
    I'm exactly the same, on IS, no assets, CAB said go bankrupt. It's been a couple of years now and although my debts keep getting passed around no one's tried to take me to court, even though they're only getting £1 a month each.
    ebsay2000 wrote: »
    I'm living in a rented house.

    I have no possesions of much value.
    If it's proven the debtor has no real income / assetts, there's not much point in taking legal action.

    The creditor / DCA is there TO MAKE MONEY :mad: :mad: there not going to lay out any if there's no possibilty of a profit on there return.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • ebsay2000 wrote: »
    I don't wish to tempt fate here...........

    But after a year and a half of hassel, and threats, and scarey letters etc..... nobody has done anything about taking me to court! *phew*

    Could it be that they don't have the actual Credit Agreements.........?

    And therefore none of them would stand up in a Court of Law?

    I find it hard to believe that all my Creditors could have lost The Agreements?

    Ofcourse during this time ive had a couple of debts 'bought up' by other companies..........Maybe they all will be eventually? And i'll end up 'owing' different organisations?

    Incidently The Original Advice From CAB Was ......to Go Bankrupt............But i dont have the £500 or the £350 (cos i'm on Income Support) in order to do so.


    Hi there,

    It's unlikely that they have lost any agreements, or that the agreements wouldn't stand up in court, there is a much simpler reason the dca's have not gone to court - especially if you are on IS - that the court will ask you to provide a statement of income and expenditure, which will clearly show (if you're smart) that you cannot afford to pay the debts.
    The court may then decide you should pay maybe £1 a month to each, so the dca's will have gone to a lot of trouble for nothing.
    The dca's are much more fond of trying to frighten you into finding the money from somewhere, typically asking you to borrow it from family or friends etc. they do this when there is no real chance of them getting money from you via the court.
    Please don't be intimidated by these companies, they prey on people's fears.
    In reality, there is really not much they can do to you apart from destroy your credit rating, take no notice of threats that "may lead to your goods being taken to satisfy your debts" - in practice this is not going to happen, other than for council tax, income tax or child support arrears, and then only as a very last resort.
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