IND letter threatening court action

samantha_49

after 33 days the claimant has failed to respond to my defence

FireWyrm

samantha_49 wrote: »

after 33 days the claimant has failed to respond to my defence

That sounds better. It isnt my area of expertise, but it certainly sounds as though they have failed in their first attempt. I would now hit them with a letter along the lines that you dispute entirely the debt, and demand that they prove it or back off. You wont accept anything less than full and complete details on the debt, the debtor name, a statement of account showing what was owed and when and to whom. Failure to provide such evidence is their problem, not yours and you will robustly defend any further action on their part.

The burden of proof is on them, not you.

rizla_king

And tell them that your are not prepared to have a court case hanging over you for a debt you do not owe, even if stayed. That either they file a notice of discontinuance with the court, or you will have no choice but to ask the court to strike out the claim.

samantha_49

well guys its been a long time .
This case went on and on and on on.
the stay was lifted i challenged the stay but the DJ allowed it to go to hearing.
the hearing listed last week and was dismissed as the documentation in evidence didnt have the original documents ???
well they wouldnt have would they there arent any !!!
it must have cost in the region of £700 for them to bring this action against me but in the end i had cost awarded to me.
dont let these bullies steam roller you with false claims.

Thanks for all your help

FireWyrm

That is fantastic news! Well done and thanks for coming back to let us know it all worked out in the end.

samantha_49

thanks firewyrm .
I believe they have to send me the costs by this wednesday .
Im not expecting that to happen to be honest .
I may need further advice on how i can recover these costs and how to get the credit file entry removed.

FireWyrm

The credit file entry removal ought to be easy enough...just write to each enclosing a copy of the judgement and an explanation. Ask them to remove it.

Recovering the debt is another matter, but turnabout is fair. You are well within your rights to engage a debt collection firm to aggressively recover the debt owed. I believe there are court processes for this also.

fatbelly

Well done.

Have a letter before court claim ready for if they don't pay.

rizla_king

Can't believe these absolute morons went to court!

Cannot court ordered costs be treated as a money judgement and enforced as such without issuing a separate claim?

samantha_49

Hello Rizla king
To answer your question i spoke to one of the many third party advice charities who did say that although quite rightly i challenged them many others don't and are to afraid to continue defending with the aggressive tactics used by these companies.
sad but true.
the money they put into trying to bully me will be easily recouped by this method