Statute barred and going to court...

sourcrates

LostMeWay wrote: »

Guess I'm in a predicament.

I'll battle all day with the solicitors. However I would be wary of perhaps burning any bridges with them. If they ended up with the upper hand after I've exhausted every avenue with them, I imagine they wouldn't do me too many favours after this so would damage my chances of a lower settlement.

Is there any merit asking for more information and trying to use more legal arguments or should I try now and negotiate and get a low settlement figure as soon as I can?

Best case scenario for them is I pay in full as soon as possible?
Worse case for them would be a judge saying I'll pay it back at £30 a month? If this generates a CCJ to a certain degree it's irrelevant to them. I'm assuming they just want money and fast and by what ever means.

Best case scenario for me is, I'm able to use a legal avenue to quash it or they take a very low settlement figure.
Worse case for me is a CCJ.

So ummmm......just need to find the middle ground, eh?

You have one more powerful weapon in your armory, and i suggest you get yourself over to legal beagles (if you haven't already) and get some help there :

http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

As it was a loan, you can make a CCA request, and a CPR request also.

Legal Beagles will help you with this.

LostMeWay

What am I specifically looking for with a CCA/CPR request because I was sent quite a lot of paperwork and it might already be there....

Cotswoldtony

I just explained how to take the solicitor completely out of the game.
You do understand this is a game COURT like a tennis court, badminton court squash court.
Do you play tennis to find middle ground or to win.
Send the letter to the solicitor with the exact words I used, do not add, take away any words or change any words because it's legalese language they understand but you do not.
If you play for middle ground with a solicitor you will not win.
You are looking for the perfect silver bullet from this site.
I gave you the bullet it's up to you if you load the gun and pull the trigger aimed at the solicitor.
You can not imagine how powerful that little sentence is to a member of the legal society.
I can tell you the solicitor will never want to put one foot into a court room up against you after reading that one sentence.
They know immediately they can not beat you in court and you will make a counter claim.
If you want me to be your Mc Kenzie Friend just ask.

LostMeWay

I'm not dismissing your post or suggestions. But surely you can understand me being cautious? I don't want to do anything that could make the situation worse.

Surely if it's as easy as you say to take a solicitor out of the picture, then everyone with a looming court debt would be doing what you've suggested? I'd love nothing more than to do what you've said and win. But surely there's a flip side?

LostMeWay

Should I start another thread for advice on how to now approach the DCA to hopefully get this settled before going to court?

sourcrates

LostMeWay wrote: »

Should I start another thread for advice on how to now approach the DCA to hopefully get this settled before going to court?

This is your situation, you were relying on a statute barred defense, now that appears to of been ruled out.

You can negotiate with the DCA but time is of the essence, and they still may seek judgement against you anyway, just to consolidate their position.

I am assuming this welcome finance loan was originally regulated by the consumer credit act, in which case, no "wet signature on an invoice" is required to make the debt valid, just a copy of the agreement to prove to the court the debt existed, which is why i asked you if you had done a CCA request, without that piece of paper the case falls down flat.

I would doubly check that first.

fatbelly

Or go for a Tomlin Order

https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx

LostMeWay

Hi sourcrates and fatbelly,

I think the paperwork they have sent me more or less cements their argument and makes mine invalid.

So that said, I could probably raise funds between now and the court date.

So I guess my battle is now how to get a low full and final settlement.

They want money and fast. So a court ruling I can pay them £30 a month is not really in their interest even if it meant I got a CCJ, they'd be waiting near 7 years for it to paid.

So I guess I want to bluff/convince them that whether a CCJ is granted or not, they'll still only be getting £30 a month, then make an offer?

fatbelly

2675 at 30 per month would take 7.5 years. Yes you could try convincing them that it would be in their interest to accept a lump sum settlement with the funds coming from a third party.

Cotswoldtony

Yes there is a flip side, they will run over you like a steam roller because you are in total fear of the Court System and Solicitors.
Pay up or man up it's up to you.
Solicitors are nothing more than negotiators, they are the ones in fear of L.I.P's in Court.