Failed Court Action

[Deleted User]

If a creditor takes you to court and then 9mths later at time of the hearing withdraws action do you have to keep paying them ?


I have multiple debts and am paying via StepChange and have been for a few years but after a couple of missed payments one credit company took me to court.


I challenged denying the debt and asking for proof and after all this time they couldn't provide it so withdrew. However they then sent a letter saying they will possibly re-instate court action if I don't keep paying ?


Can they do this, do they mean only if proof comes to light and also what about the years I have been paying a debt I don't have ?

sourcrates

No evidence of liability, and they threaten court action...hmmmmm.

They have to provide evidence to the court (and you) when asked, usually its in the form of a credit agreement, if they don't hold such a document, then normally it would not be pursued any further.

Technically (if the creditor wants to, and decided the costs were worth it) they could argue the case in court via a solicitor, by providing other evidence, such as statements, copies of payments to the account etc, but in 99.9% of cases, not having a valid credit agreement would mean there was no case to answer.

Having said that, it is possible they may "find" the agreement at a later date.

fatbelly

If they have sent a notice of discontinuance, then I would argue that they have agreed the debt is unenforceable, and I'd stop paying it.

[Deleted User]

Thankyou both, this action was going on for 9 months and they were tooing and froing with different things ie would I sign a Tomlin order, and I was answering the court letters. I'm sure they'd have found it if it was there to find, it was originally a different company 16yrs ago though.


Can I ask for the money back that I have paid as there is no proof the debt is mine ?

sourcrates

BBH123 wrote: »

Can I ask for the money back that I have paid as there is no proof the debt is mine ?

Err.....no, although failure to provide a valid credit agreement prevents court action, technically, the debt is still owed, it is not extinguished under UK law, so i doubt you will get very far with that one, unless you are saying the debt was never yours and its a case of fraud, that would be an entirely different ball game.