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Received County Court Claim Form

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  • nayfeee
    nayfeee Posts: 69 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    sourcrates wrote: »
    Debts are sold in bulk, without any proof or paperwork changing hands whatsoever.
    The companies that buy these debts have no idea if they have bought a legitimate debt, or a Lemmon.

    They only have to provide proof when asked, 90% of court claims go unchallenged.

    You should always challenge them for proof, if only to assertain they have the legal right to collect the debt.

    Thanks for replying. Are you suggesting I send the acknowledgement back asking for proof or send that back and ask the DCA direct for proof?
  • nayfeee
    nayfeee Posts: 69 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 16 June 2016 at 3:52PM
    Also if you are suggesting I write to the DCA direct asking for proof of the debt, is there a letter template avaialble?

    Do they have to respond in a certain timeframe, and if they don't or can't provide anything what will happen with the county court claim that has already started?

    One last thing, the debt is showing as MKDP LLP on my credit file. No mention of Robinson Way on there, so surely they have to prove that they own the debt or are able to collect it?

    The County Court Claim form was from Howard Cohen Solicitors.

    Thank you :)
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Writing to the DCA will not work, they will ignore you.
    You must only deal with the court now.

    File a defence on points I listed, they may not have the paper work to prove the debt and may chuck in the towel.
    Add that spurious amounts have been added which are not party of the debt

    Even if they can produce paper work and they win, you can fill in a circumstances order at court, the amount owed is frozen at what the court orders and they will make a payment plan you can afford.

    If you await the debt firms response, you will get a CCJ, they are very good at stalling and deceiving people.

    You can get expanded defence help at the forum Legal Beagles.
    You may owe the money, but many of these debt firms can not prove it and that is the important part.
    I do Contracts, all day every day.
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