Where do i stand / basic run down .

mrcbf

Ok i have been filed with Moneyclaim for an old account ( 5 years 8 months ) , i want to ignore it or enter defense and its the other party that stopped communication and would not accept payment.

I had a bank account with overdraft, and was moving to a new bank and having to move out of my house so wanted to pay this off.

I wrote to the bank asking to settle and offered 100 a month, they wrote back ignoring me asking for personal information, i wrote again confirming my offer and explaining my situation ( leaving property and had no new address) and asked why they had ignored me, they ignored me again and wrote back with the exact same letter as last time - i wrote again, explaining that as they had messed about so much it was time for me to move out - i said i still want to pay and offered money but told them i would not be available at this address anymore and to contact me by telephone or email (same ones i still use today, no communication ever received.).

All letters were sent recorded post, i still have copies of my letters and i think one of theirs (although all should be recorded on system)

After this i heard nothing for a long time, i then started getting letters form a debt collector saying the were representing this company and threatening me to pay ( i have no idea where they had my address from, i had no dealings with this company before, so i just ignored it and they stopped, another company tried the same, and i think eventually it went back to the original ones) I never once acknowledged theses letters confirming that i live at the address so as far as i know they have no grounds to send a claim to the court without this . is this true ?

So i have to reply within next two days, i am reluctant to even say anything as they have no proof i live here - surely they cant just send a claim to any address regardless of if a person actually lives there and if they don't reply they get a CCJ ? if it was people could do this all the time just to ensure no reply is made they person they wanted served with CCJ gets one even if they are not liable and not aware the claim has even been made.

Its says on the form that if i don't reply 'judgment may be entered against me' this the wording usually used when companies want to threaten you but actually cant backup what they are saying' (this/that may happen, meaning they want to threaten you but cant actually confirm it will because it wont unless you acknowledge them) , so im unsure if it will be a benefit of not to ignore it - also it says credit rating may be affected - again they say 'may' but to be honest i dont care about this as i haven't been able to get credit for years this may be because this company defaulted me already (even though they broke of communication and would not accept my money or even respond to my letters) so i cant see what else they can do to me.

As far as i know defaults only stay for 6 years or money cant be chased after that, based on that regardless of the outcome when 6 years is up i will be better off (credit wise) anyway ? can someone clarify.


So finally, does any one have any thoughts on how the court will look at my defence ?

• Sent letters offering to pay which were ignored
• Sent contact details stating i wanted to pay and that offer was still open, no contact received to this day
• No further contact received to discuss for several years by which time it wasn't the original company.
• At this time they had ignored my letters, offers and contact information ending communication with me
• They defaulted me on my credit file without notifying me
  [*}Passed account to debt collectors without warning when i had offered to pay then money back multiple times

I feel from the above that they are in the wrong and i should be compensated for the fact i have not been able to get credit and i have been harassed with threatening letters for years form companies i have and have never had any contract with. Also there illegal actions of defaulting me and referring me to debt collectors without informing/warning me.

I feel i should be able to get this removed as they will not be able to provide a letter with evidence i was informed, they may have sent one to my old addresses but they were clearly informed when i had left that property and the recorded mail was confirmed received which legally means they have read and taken into account the information therein (even though them and the courts just send std letter to wrong/unconfirmed address and its considered to me proof of a person receiving it) but however , the pressing issue is how / if i respond to to this claim now.

any advice appreciated, thanks for the time.


The company did not notify me of their intent to pass on to debt collectors and did not notify me that they were filing a default which is a legal requirement i believe.

I feel i have a strong case but i have limited knowledge of legal system so would appreciate any advise,

Thanks

grumbler

You can get a better advice on Debt-Free Wannabe board.

My thoughs:
It was their right to ignore you and not to accept your offer. You can call this 'messing out', but in fact it wasn't.

As 'a long time' was less than 6 years, the debt still stands legally and they can keep chasing you.

It's the business of debt collectors to trace debtors. They don't need any proofs of your new address, although you have a right to request the proofs of the debt from them. So, no, it's not true that they have no grounds for starting legal actions.

As they started legal actions, they obviously have the proofs of the debt and, most likely, some proofs of the address.

They did have to notify you before reporting the default, but this is a separate issue. And no, they didn't have to notify you before selling the debt to collectors.

JKSandy

So have you actually been served court papers? Or is it just a letter threatening court action?

As you have mad an offer you have acknowledged the debt which means the 6 years starts again.

innovate

If you want to "do" the bank because they didn't notify you of your outstanding debt, I think you are skating on very thin ice.

1. your own letters to the bank, that you want to use as part of your defence, prove that you were well aware of your debt
2. the T&Cs of all bank accounts include that you must notify the bank of any new address. You chose not to reveal your new address to the bank which the Court is unlikely to consider in your favour

If you ignore the Moneyclaim, you will almost definitely automatically end up with a CCJ. Your only hope is a measured defence.

innovate

JKSandy wrote: »

So have you actually been served court papers?

OP says "I have been filed with Moneyclaim", which sounds like the debt collector has commenced court proceedings through MCOL.

mrcbf

Thanks for the input guys.

I have had the money claim filed yes, so im debating where to respond with defence of just ignore it on the basis they have had no confirmation that i live here - which is like them blindly serving an address even if i don't live there - i imagine they did this at my old address if they ignored the information i sent them, how would i know if they had previously served my at a different address ?



My main point is that i was communicating with them , made them offer to pay off and also provided contact details to continue discussions - they broke off communications at this point as they didnt reply to me as i had instructed. I dont know why , it appeared they were just ignoring my letters content , but these were sent recorded and replied to just ignored the information i gave them or didn't wish to continue with discussions

To clarify this was me offering to pay off the OD and close account, not them demanding money from me


Again thanks for all the information, however i pretty sure about the default - in order for it to remain on your credit file if challenged they must be able to provide a copy of the letter informing/warning me of the default (i have been through this with natwest over another issue, however they did produce the letter).

This company did not send me a letter , and if they did they it was sent to my old address way after i had informed them in letters i know they received that i was no longer contactable at that address.

If i remember rightly it was guys at credit expert that told me this and prompted me to chase Natwest for copy of the mail or it would be removed.

a quick google brings up this . edit cant post as new user but one of first results for 'no default notice'


says that before a default they must prove they have attempted to contact me ......... they haven't , i have never received any contact since i informed the i left that property, any if they sent letter to my old address they have not taken into account the information i provided and made very clear in my letter.


Along with a lot of info i was referring to when i search 'no default notice sent'

I need to have a read up and check my old mails on the subject - but really the whole situation is their fault as first they ignored my offers to pay, then ignored my notification of address/contact changes - they either stopped contacting me just defaulted me straight away


I need to do a SAR so i can see all of the letters we exchanged on the subject, and then i can see if letters were sent to teh address after i informed them i would not be there - this will have to wait though as deadline is in a couple days

at least i can put forward my case..,


INNOVATE - im not sure what you mean by 'do' the bank , they are trying to 'do' me i just dont want to be in trouble for something i made considerable effort to sort out and they just dismissed

i have never said i don't owe it, i made it clear in the letters that i wanted to pay even after i left the property , and then the reason i didn't give a new address was because i had none, i was made homeless at this point - i made very clear contact details and stated my intention to pay encouraging them to contact me - i have copies of the letters.

If i get a CCJ how can this affect me if am already incapable of getting credit (although this may be down to this companies disputed default)

When you say a measure defense , can you clarify - do you think any of my points will hold any weight ? would it be best to give minimal details or elaborate ? will i have to physically got to court or can it all be dealt with online ?

grumbler

mrcbf wrote: »

INNOVATE - im not sure what you mean by 'do' the bank ,

Really?

they are trying to 'do' me i just dont want to be in trouble for something i made considerable effort to sort out and they just dismissed

You owe the money, are hiding from the lender and are looking for formal excuses to avoid paying what you owe. "Considerable effort" is good, but doesn't change anything.
Just imagine that you are a lender and your debtor "makes efforts" unacceptable for you instead of paying.

FireWyrm

Sounds like this debt is almost statute barred, which means that if no payment or written acknowledgement has taken place in the 6 years from the date of first action, they cannot take you to court. It sounds like the letter is in fact a scare tactic. Is it proper court papers, or just a 'may, might, perhaps' letter?

grumbler

FireWyrm wrote: »

Sounds like this debt is almost statute barred,...

It can't be 'almost'. It's either barred or not. In fact the lender is taking legal actions just in time and most likely will succeed.

mrcbf

grumbler wrote: »

Really?
You owe the money, are hiding from the lender and are looking for formal excuses to avoid paying what you owe. "Considerable effort" is good, but doesn't change anything.
Just imagine that you are a lender and your debtor "makes efforts" unacceptable for you instead of paying.

Im not trying to argue here, i am taking your words seriously, but how am i hiding from the debt ? i informed them of my change of contact details very clearly and they failed to contact me - what more is there to it ? , any letters after this(if they were any) have knowingly been sent to wrong address and this can be proved - surely they are not allowed to do that ?

I still have the phone and the email account which is checked daily , not once have they contacted me

I have made far more effort to close the issue than they have and i have also offered them payment and stated that i wish to honor the debt.

You seem to be overlooking what i have stated , if i was the lender and the debtor gave me a new contact details , stating they wish to pay and are offering me money i would take the money and continue the discussion using the contact details provided - why would they do otherwise ?



FIREWYRM - it is official i'm afraid (MCOL), a shame at just 4 months short of the date it would be buried - im just not sure why they felt they suddenly have enough confirmation to send court claim now and not over last 5 years - if i ignore it though i get CCJ but as i asked how can this affect me if my credit is already in tatters.

grumbler

Are you seriously saying that anyone giving only the e-mail address and the mobile number isn't hiding? I think this is exactly what rogue online companies normally do, not to mention criminals.
Have you informed them about the new address as soon as you relocated? Did they have your new address to send the letters? It's not uncommon for debtors to inform the lender that they move out, but to keep living at the old address.