Court Claim Fail

by pipsaholic Mon Apr 17, 2017 7:05 pm

Hi,

Has anyone on this forum been to court regarding outstanding alleged debt by a 3rd party interloper or court sheriff as they claim?

If so I understand they default your credit file and set up a repayment plan do they ask you for your income and expenses do you need to fill it out there and then before you leave?

by ceylon Tue Apr 18, 2017 9:30 am

thwy may ask or send it out to you

you do not have to fill it in there and then

by **daveiron** Tue Apr 18, 2017 12:33 pm

Your best option is to always use the 3 letters etc to stop it going to court in the first place.

by pipsaholic Tue Apr 18, 2017 1:03 pm

plus the estoppel. I guess you want to send them more letters that the 3 for extra protection. Like removal of implied rights of access and letter to confirm if risk assessment has been carried out. Also, a letter for storage charges for letters posted through the letter box. The fine being more than the debt! lol.

by petesomething Tue Apr 18, 2017 1:15 pm

IF you have alleged debt from a dca use the three letters , if you get a claim form from a court it will have a income and outgoing expenditure form in it , you have 14 days to send it back or you can do it on line , or the judge may make a ruling , or if you dont turn up for court the judge may make a ruling in which you cannot afford to pay the alleged debt .

by pipsaholic Tue Apr 18, 2017 1:20 pm

I thought if you don't turn up, it automatically rules in the DCA favour and vice versa if they don't turn up you win?

by **Lopsum** Tue Apr 18, 2017 1:50 pm

if your not there they would maybe feel less restrained in the ruling.Automatic is maybe not entirely correct, the decision is made by the judge , i dare say there is a slight chance you could get a favorable (low payment) as opposed to completely raided.So yes the rule would generally go in favor of the dca even if the favor is minimum payment if your means test is low and the judge isnt a shit.
would that be close?

by petesomething Tue Apr 18, 2017 2:11 pm

Hi pipsahoolic

You are correct if you dont turn up you will lose by default , same with them , you must fill in the claim form within 14 day ,

by pipsaholic Tue Apr 18, 2017 2:37 pm

Yeah i heard also how much does it cost in total approx to the original creditor or dca to launch a claim I would say in the thousands a couple maybe depends how long it runs for but don't they use small claims court? Which is cheaper and quicker?

by petesomething Tue Apr 18, 2017 3:36 pm

they will use the small claims court if debt £10,000 or under ,

by bimmer Tue Apr 18, 2017 4:25 pm

Do you use your legal name on the claim form, or authorised rep?

by handle Sun Apr 23, 2017 7:53 pm

Is that the old bimmer from goodf of yesteryear?

by bimmer Mon Apr 24, 2017 8:28 am

no, was a lurker on the old site, never posted Smile

get a better vibe from this site Smile

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