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Creditor refusing default notice
Comments
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I'm sure you'll have the same success with this effort to avoid your debts as your others.0
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Your only leg to stand on, is that the evidence of liability they have produced is insufficient.
Your (alleged) agreement is covered by the consumer credit act 1978, nothing else.
Good luck with the rest of it.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
So they sent you a copy of the credit agreement, was this by post or email? If by post it should be legible enough to read, if by email it should also be but maybe you haven't viewed it right.
You are still liable, but you don't have to pay if they are not sending proof to you. Then again, they could issue a CCJ claims form and provide the proof to the court. If it is your debt and you are just trying to be smart and saying you won't pay until proved, you could just end up with extra costs added and a limited time to pay it off or a CCJ. I'm assuming this isn't a small sum like £100 that wouldn't be worth pursuing through a CCJ.0 -
sourcrates wrote: »Your only leg to stand on, is that the evidence of liability they have produced is insufficient.
Your (alleged) agreement is covered by the consumer credit act 1978, nothing else.
Good luck with the rest of it.
The credit agreement they provided me with was too small to be read and thus ineligible.0 -
So they sent you a copy of the credit agreement, was this by post or email? If by post it should be legible enough to read, if by email it should also be but maybe you haven't viewed it right.
You are still liable, but you don't have to pay if they are not sending proof to you. Then again, they could issue a CCJ claims form and provide the proof to the court. If it is your debt and you are just trying to be smart and saying you won't pay until proved, you could just end up with extra costs added and a limited time to pay it off or a CCJ. I'm assuming this isn't a small sum like £100 that wouldn't be worth pursuing through a CCJ.
It supposed to be for £931 outstanding buy I understand this might not be the true overall level of debt as Max Recovery buy debts at discounted rates.
Also the credit agreement they provided with was sent by post and was too small to be read thus ineligible.0 -
ScaredWitless wrote: »It supposed to be for £931 outstanding buy I understand this might not be the true overall level of debt as Max Recovery buy debts at discounted rates.
Also the credit agreement they provided with was sent by post and was too small to be read thus ineligible.
How many times must this be said.
If the debt is £931, that's the debt. It doesn't matter if they bought it for less. They may settle for lower, but that's their right to do so.
At this time, you're arguing semantics, including saying that a small print letter is ineligible (To who? The courts will just get a magnifying glass if they have to, not the first time the term "small print" actually really meant it!) and the only resolution will be via court, if they move to obtain a CCJ against you.
Until that time, the usual applies about DCAs, that they frankly can't do much other than send nasty letters and calls until they decide to go legal. If you don't want to pay the debt, that's fine, but know that the courts do not listen to semantics, only strong legal defences. If the time comes that you do receive a claim, seek legal advice.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0
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