County Court advice for a Debt THAT IS NOT MINE!

kittiej

If you've received a claim from the court what does the particulars of claim say?

You need to ask them for copies of all documents upon which they are going to rely on. In addition how were these phones taken out eg at a shop or online? There must be signatures on original documents either through the shop or even a delivery note if ordered online. You need that proof.

Then proof of your whereabouts.

You must acknowledge the claim first and foremost within the allotted time - very strict about this point.

Nobody can pre-empt what a Judge might say on the day but if it goes against you then you have 1 month to pay it off anyway without getting a CCJ.

theoretica

As the poster above says - the companies thought they were lending you the money.

Either you take on responsibility for the debt, or you disclaim it - which legally means making a report to the police. However, as your brother has special needs and isn't even in the country I rather doubt it will be taken any further and really doubt it would make it impossible for him to come home.

Can you afford to make your brother a present of the money?

HPoirot

Forged signatures or impersonations will only serve as evidence of fraud.

rizla_king

theoretica wrote: »

Either you take on responsibility for the debt, or you disclaim it - which legally means making a report to the police. However, as your brother has special needs and isn't even in the country I rather doubt it will be taken any further and really doubt it would make it impossible for him to come home.

Can imagine the newsapers/net stapline.

"Debt collectors drop claim against xxxx and pursue brother with special needs instead"

Lowell are daft, but not that daft.

hairymonkey

I can afford to pay it. I just don't want to. It was a few years ago and there were 4 phones. I was in Afghanistan with no internet access when two of the phones were ordered! I'm certainly not sending my movement orders to scummy companies like this. I shall go to court and see what they say. Legalbeagles is helping me aswell.

I need to do a sar or something. Which I will do. I've also been put on to some solicitors to speak to, so thanks for the help guys.

kittiej

No you are giving the court the details of your whereabouts. You get the DCA to give you their proof as part of the process, do not pay for any SAR.

ValHaller

To those who say OP should either shop his brother or pay up, this is the quick and clean way to deal with adverse entries appearing on OP's credit record.

But now the DCA are taking OP to court, the boot is on the other foot - the DCA has to prove its case against OP. I wish OP every failure on the part of the DCA's in proving their case.

OP, you mention not showing the DCA your movement orders. Let me suggest that this is exactly what you should do. It is a fairly neat way of casting a lot of doubt on the DCA's case without pointing anything at your brother.

hairymonkey

ValHaller wrote: »

To those who say OP should either shop his brother or pay up, this is the quick and clean way to deal with adverse entries appearing on OP's credit record.

But now the DCA are taking OP to court, the boot is on the other foot - the DCA has to prove its case against OP. I wish OP every failure on the part of the DCA's in proving their case.

OP, you mention not showing the DCA your movement orders. Let me suggest that this is exactly what you should do. It is a fairly neat way of casting a lot of doubt on the DCA's case without pointing anything at your brother.

What is a DCA?

And I'd need to go get a copy of them from a clerk. And I'd probably need to speak to someone from Army legal services about hanging them out to civvy companies.

hairymonkey

Called the court, and found out they have not payed the fees so it looks like I don't have to go! Bit of a result.

Can't understand how such a big company can be so incompetent!

Thanks for all the help.

John1993_2

hairymonkey wrote: »

Sorry if you don't like that, but my family is more important to me than a few quid.

Then pay back what he owes. It seems, at the moment, that this "few quid" is more important to you than other considerations.