County Court Summon for old debt

fatbelly

spoovy wrote: »

Unfortunately the statue barred defence has gone -- I unearthed some early token payments from 2010

Also I was just talking to national debt helpline and they said that even though the documents supplied to me is reconstituted and unenforcable, that doesn't mean that they don't have a perfectly valid one which they will whip out in court, therefore invalidating my only defence, and leaving me liable to court costs etc as well!

You're in England/Wales? When was the last payment? They needed to get the claim in before 6 years from the last payment.

Documents should be shared in advance of a hearing. If your defence is no compliant agreement they should be able to produce evidence that refutes that - to you and the court. Sounds to me that they have evidenced nothing so far.

I take it this will be a small claim - less than 10k. Unless the court feels you have behaved unreasonably each side bears their own costs. The claim fee is already in the mix.

Try Legalbeagles and have a look at some of the cases they have won over there

spoovy

Thanks. I have a thread on legalbeagles but I'm trying to gather more opinions.
Yes it's for under 10k.

I'm in England. I found on my credit file that the balance kept reducing until nearly 2011. I don't remember this, I was in a bad state at the time. I must have been paying a token amount in the early days to try to keep them at bay. Fat chance.

Each side bears their own costs? It does still state on the claim form that 'Additional costs and interest may be added to the amount claimed ... if judgement is entered against you. ... the claimant may be entitled to further interest.' so I'd still be liable for further costs.

spoovy

I'm now thinking that I should just pay it. Its a lot, I wont get near the full amount probably, and I'd have to beg and borrow for it, but it's starting to look like I have no choice.
Even though I submitted that I intended to defend, can I still just pay it off, or is it too late for that now?

fatbelly

spoovy wrote: »

I'm now thinking that I should just pay it. Its a lot, and I'd have to beg and borrow for it, but it's starting to look like I have no choice.
Even though I submitted that I intended to defend, can I still just pay it off, or is it too late for that now?

All the options are still open to you, including putting in a defence and starting 'without prejudice' negotiations to settle.

As far as additional costs go, these are limited by Civil Procedure rules - you can put what you want in the particulars of claim, it doesn't mean that they will or can be awarded. (CPR27 and 45 sets this out)

But it's your decision at the end of the day

sourcrates

You might as well defend it on the basic of a non compliant agreement.

You have nothing to lose by doing so.

spoovy

Except if I do go to court and I lose I'll be liable for additional costs won't I? National Debt Helpline and I just phoned the Court and they agree that the Claimant could add significant costs if I defend and lose.

sourcrates

Have you asked how to defend this on legal beagles ?

You have a non compliant agreement which in itself is a good enough reason to defend.

No prescribed terms on a credit agreement from 2006 is a massive boost to your case, you just need the right legal advice on how to proceed.

spoovy

thanks, yes I do have a thread on legalbeagles. They're pretty quiet about my case but one VIP member thinks the agreement is valid and enforceable.

My reason for thinking it was unenforceable was that it is a reconstituted agreement. But on legalbeagles they say this is perfectly valid, even from pre-2007, as the loan agreement was filled out online (I don't know whether I did fill it out online or not).