Scared by Solicitors advice!

glentoran99

myotai wrote: »

General consensus fromn National Debtline is to bite the bullet and ask the court to cancel my 'defense' and to admit liability.

I really don't know what to do now!

I thought I could see what the DCA had in terms of evidence before going to a hearing. According to National Debtline this is incorrect.

Should I just call the DCA and state that i was genuinely under the impression that it was statute barred up until this afternoon and would not like to make an offer of monthly payments?

I dont see the benefit of that, if its statute barred they wont get a CCJ, if it isnt they will get one and youll have to make monthly payments

myotai

Still no difference. Still barred and got proof..

glentoran99

Ah right, thats a different story

myotai

Tricky at the moment....

myotai

So....what is my best approach to this now?

Tixy

myotai wrote: »

So....what is my best approach to this now?

Difficult choice for you on howto go ahead now.

It will be difficult to file a defence now if you accept that the money is owed and is not statute barred.
I guess you could try to defend on the basis that they have not provided you with sufficient evidence that the debt exists and that you owe them this money.

Or you could admit the debt and complete the admission form and make a repayment offer to the court to pay in installments.

Or you could contact them to offer a repayment plan and ask to withdraw the court claim. However given the level of debt unless you can make a pretty substantial payment offer I would think it may be unlikely they would be willing to withdraw the claim.

fatbelly

Or

you could argue that the balance figure is too high - they've probably added a load of interest as well as solicitor costs.

You then complete the online form within 28 days and do a part defence and part admission, completing the income/expenditure and making an offer of payment.

Lots of options

sourcrates

myotai wrote: »

I thought I could see what the DCA had in terms of evidence before going to a hearing. According to National Debtline this is incorrect.

The only "evidence" they will have will be a print out with a date on it, if you are sure you have not made any payment, or acknowledged this account in writing, for a period of 6 years or more, then the debt should be SB.
If they say any different, then they will need to prove to the court how/when this supposed payment was made, the worst that could happen to you is them been able to prove a payment was made, the judge will then grant a judgement at a monthly payment that is affordable to you, the best case scenario is they wont be able to prove when the payment was made and the judge agrees its SB, case dismissed.
I would stick to your guns.

myotai

As I said the only evidence they have produced shows that the last payment I made was over 6 years ago with no other acknowledgment.
I simply don't understand what their argument is???

They filed the claim and I am defending.

Unless of course they back out as this was a last ditch attempt to scare me into paying?

sourcrates

myotai wrote: »

As I said the only evidence they have produced shows that the last payment I made was over 6 years ago with no other acknowledgment.
I simply don't understand what their argument is???

They filed the claim and I am defending.

Unless of course they back out as this was a last ditch attempt to scare me into paying?

Sometimes its a case of who backs down first, I would just go with the flow, and let it play out, they may not even turn up, or back out as you predict, these cases are dealt with in bulk, so with SB accounts if they can scare a certain percentage to back out before the case is heard, its still profitable for them.