Drowning in debt

sussman

They had sent me a LBA, to which I had replied asking for all the info.  They now say its enforceable and litigation will continue.
I cant quite make an offer yet but keep thinking about paying a small monthly amount, not sure I want the risk of a CCJ.

sussman

Is this just generic  wording or more likely to get a court claim?  Or is it anyones guess what they might proceed with?

Grumpelstiltskin

Yes that is just churned out by computer.

Don't contact them just wait for the next letter.

ManyWays

What information did they provide with that letter? 

sussman

ManyWays said:

What information did they provide with that letter? 

Short form cancellation, Historic terms and conditions and Varied terms and conditions,  random amount of statements from '23 - '24.

There are 2 agreements.

One agreement states its a Sky Card but I don't remember ever having one, always remembered it as just Barclaycard.  This has my old address, no dates or credit limits.  Its from 2006 so its difficult to be certain of some things.

The other has my current address which I don't think is correct as I was sure I had it before moving.  Again no dates or credit limits.  No mention of Sky card on this one, just Barclaycard.

sourcrates

Go with the court process, the agreement, from what I can see, looks fine to me, but them I`m not an expert in these matters, and if your going to rely on a defective agreement as a defence, then you had better know what you are doing.

sussman

sourcrates said:

Go with the court process, the agreement, from what I can see, looks fine to me, but them I`m not an expert in these matters, and if your going to rely on a defective agreement as a defence, then you had better know what you are doing.

Thanks.  So basically if I agree I owe it can I come up with some agreement before it actually gets to court?  If I defend and lose I end up with a CCJ?

sourcrates

What stage are you actually at in the legal process, just a letter before action, or an actual claim form?

sussman

sourcrates said:

What stage are you actually at in the legal process, just a letter before action, or an actual claim form?

Actual claim form

sourcrates

sussman said:

sourcrates said:

What stage are you actually at in the legal process, just a letter before action, or an actual claim form?

Actual claim form

This is going down the legal route now then, you will get a CCJ for this unless you have a defence to the claim, which I assume you do not.

Acknowledge service online, if you haven`t done so already, fill in the forms and return within the timescale.

You can try and come to an agreement with them first, but even if you do and they say they will stay the case, it takes a month for the court system to update, and you will likely have had a judgement granted against you by then.