WDA Taking me to court - Urgent advice needed.

[renegadeimp]

In many ways i agree renegade but sometimes playing a little bit of ball can help your cause. When i lost my job i sent them a copy of parts of the letter along with a benefits entitlement. That still refused to budge and that made up part of my complaint.

So for example if you have a letter saying your hourly rate or salary is being cut you can edit out the bits you don't want them to see and send that.

So if for example the letter says your hourly rate is being cut by x

 

Thats why this forum is good. We give the OP various good advice, and they can choose for themselves which route to take

[fletch70]

Except i am always right and everyone else is wrong

:Rofpmsl

[EvoZ]

In many ways i agree renegade but sometimes playing a little bit of ball can help your cause. When i lost my job i sent them a copy of parts of the letter along with a benefits entitlement. That still refused to budge and that made up part of my complaint.

So for example if you have a letter saying your hourly rate or salary is being cut you can edit out the bits you don't want them to see and send that.

So if for example the letter says your hourly rate is being cut by x% from 10 to 8 per hour delete the 10 and 8 and send the letter.

 

I don't have any letter to says my wage was cut cause I moved to a different part of the UK, so my salary was cut and that would also mean I would need to give them my new address which I am not gonna do. Let them think I still live where I live.

[renegadeimp]

I don't have any letter to says my wage was cut cause I moved to a different part of the UK, so my salary was cut and that would also mean I would need to give them my new address which I am not gonna do. Let them think I still live where I live.

 

Be careful as they could go for a CCJ, and you wouldnt be able to get it set aside, as they can go off your last confirmed address.

[EvoZ]

Be careful as they could go for a CCJ, and you wouldnt be able to get it set aside, as they can go off your last confirmed address.

 

What do you mean?

 

 

All my mail from my old address is redirected to my new address.

 

 

Correct me if I am wrong, but a CCJ is given when I don't respond and defend myself right?

 

 

If this DCA decides to take me to court,

I will get my papers,

have 14 days to respond to the claim (or get another 14days extension).

 

 

Even if I lose,

I guess they give me 30days to pay.

And if I don't pay then,

I guess that is when they get a CCJ against me.

 

 

This would probably all take a few months.

 

 

I am not denying I am contracted to WDA anyway,

I just have an issue with the fact they added interest a

nd also are refusing me a new payment plan.

 

This is actually really annoying me cause I am going to be a solicitor in a few years and any court action would harm my future career badly.

[dx100uk]

I think this is why you are getting so worried

you are doing the law stuff now.

 

 

these solicitor are a 'a fake/tame' dca solicitor

 

 

most of the time

 

 

the dca has a pile of their 'pet' solicitors letterheads

and feeds them in the printer 'under licence'

 

 

[well the bloke pops in a few times a year with another box of letterheads.]

 

 

only the OWNER of the debt can take you to court

not a dca nor their tame solicitor

 

 

its to get people to respond and panic...

 

 

doing its job here nicely.....

 

 

dx

[EvoZ]

I think this is why you are getting so worried

you are doing the law stuff now.

 

 

these solicitor are a 'a fake/tame' dca solicitor

 

 

most of the time

 

 

the dca has a pile of their 'pet' solicitors letterheads

and feeds them in the printer 'under licence'

 

 

[well the bloke pops in a few times a year with another box of letterheads.]

 

 

only the OWNER of the debt can take you to court

not a dca nor their tame solicitor

 

 

its to get people to respond and panic...

 

 

doing its job here nicely.....

 

 

dx

 

Do I look like I am getting worried? Lol.

 

 

I just need some advice.

 

 

I know you're saying this is a scare tactic

 

 

however moon beevers solicitors is not a fake solicitor firm,

they have actually won some good cases from my research.

 

 

The only thing that worries me is this going to court and I lose, t

hat would mean a CCJ being registered against my name.

 

 

If I win, no CCJ. It's 50/50.

 

 

A CCJ would really mess my career up.

 

Also I have read alot about DCA's and them taking debters to court on behalf of their client.

 

 

It seems that DCAs are instructed to collect the debt on behalf of their client

and if this means going to court then on behalf of their client they are allowed to take me to court.

 

 

I've not read anywhere that a DCA cannot take you to court on behalf of their client.

 

 

However;

 

If a DCA or Solicitor makes good their threat to take legal action-

 

What documentantion will they be producing to the court to show proof of claim?

 

Under what legal or lawful basis will they be pursuing their claim against you?

 

If you offered ''conditional acceptence'' of their claim

- where is the controversy that can be presented in court?

Edited November 21, 2013 by EvoZ

[renegadeimp]

Be aware, that even though regular advice is that they are empty threats, PDL's WILL instigate court proceedings if they think they have a chance at judgement by default.

[dx100uk]

post 8 and the stuff fletch referred you to says it all really

 

 

you ARE getting far too deep into this

a 3rd party can get me in court.?...urm..

 

 

now if the beevers are writing on behalf of the owner

not the dca then it changes things slightly.

 

 

but, yes ofcourse

you'll find 'every' dca & fake/tame solicitor has 'won a case'

 

 

scratch deeper. the truth comes out.

either a default judgement or they were not acting as a third party

but the owners of a debt ...

 

 

dx

[EvoZ]

Be aware, that even though regular advice is that they are empty threats, PDL's WILL instigate court proceedings if they think they have a chance at judgement by default.

 

What you mean by default? That I don't defend myself? Or that the judge will agree that they can charge the interest?

[EvoZ]

post 8 and the stuff fletch referred you to says it all really

 

 

you ARE getting far too deep into this

a 3rd party can get me in court.?...urm..

 

 

now if the beevers are writing on behalf of the owner

not the dca then it changes things slightly.

 

 

but, yes ofcourse

you'll find 'every' dca & fake/tame solicitor has 'won a case'

 

 

scratch deeper. the truth comes out.

either a default judgement or they were not acting as a third party

but the owners of a debt ...

 

 

dx

 

Well it says it on the letter that they act for the above named "WDA" and have been instructed by the DCA. So I am unsure how to take that, has WDA given them authority to take legal action or has the DCA instructed them to take legal action on behalf of WDA?

 

What you mean by default judgment? Why do you always reply in riddles.

 

If the DCA is owners of the debt, then they are misrepresenting this loan and everything else.

[EvoZ]

All help given so far much appreciated guys.

[dx100uk]

Well it says it on the letter that they act for the above named "WDA" and have been instructed by the DCA. So I am unsure how to take that, has WDA given them authority to take legal action or has the DCA instructed them to take legal action on behalf of WDA?

 

What you mean by default judgment? Why do you always reply in riddles.

 

If the DCA is owners of the debt, then they are misrepresenting this loan and everything else.

 

 

exactly the dca cant be the owner as its still with wda

the other clue is 'instructed'

that means if,could,might,may.

your cra file will confirm that for you

 

 

eith er the dca own it or wda do!

cant be both

 

 

default judgement means you don't contest it.

the 'claimant' gets a default judgement by you not contesting

or

the defendant not being able to contest it, wherebythe claim formsare sent to an old address.

[doesn't come into play here I think?]

dx

[fletch70]

Hi again

I think you are really getting yourself in a muddle over this.

 

If WDA take action they will rely on the agreement that you signed online and (I think) the default notice

 

If the default notice is bad i.e not compliant that is part of your defence

 

Yes if you get a judgement against you then you have 28 days to settle and it won't get registered.

 

In the world of debt and debt collection agencies they all act on behalf of etc and it can get really confusing.

 

Some of the bigger firms actually have solicitors as part of the set up, so for example lowells who are a debt purchaser have Red and Hampton legal ( I think they are the right ones) so I have had letters from Lowells and from Red on behalf of their client (Lowells...probably desk next door) and the HL who are acting for Red (who are Lowells in another guise)

 

To me it sounds like they are using the threat of proceedings to scare you into paying however getting that formal complaint in should stop things for a while and hopefully get your interest reduced.

 

Hell really is freezing over, who should I agree with next!

[EvoZ]

I got this email a few hours ago, some advice?

 

Dear Mr xxxxxxxx

 

I am in receipt of your i&e and unfortunately in order to consider your offer of £20.00 a month to this 30 day loan you need to provide us with proof of your income/benefits or you will need to consider the 3 options below:

 

There are 3 options available for you to pay the outstanding balance back.

 

 

 

1. Payment in Full £515.00

 

 

 

2. Full & Final Settlement (available for a limited time) £387.00

 

 

 

3. 6 Monthly Payments of £85.85

 

 

 

Please contact me as a matter of urgency to confirm your intentions and prevent any further action on your account.

[dx100uk]

none of their business.

 

 

who sent that

#

dx

[fletch70]

Well assuming you have declared your income correctly I can see no harm in sending a redacted copy of your payslip. All they really need to see is your name and net pay.

 

You obviously did send an I&E which is entirely your choice.

 

Really I see your options are

1) Play hard ball and risk either a CCJ , continual chasing and maybe the sale of the account to those lovely people motormile. Eventually , hopefully they will go away

2) Do what they ask and hope they accept the offer . If not you are back to option 1

[renegadeimp]

If the op can show continuous attempts at communication and wda is being stubborn or hiking the debt up then a ccj is unlikely. It might not even get further than mediation

[suemumof3]

From what I can see is that DCA are trying to maintain control by telling you what they want. If they do decide to take the court route with you, you have a good defence as you are offering payments and have disputed the amount they say is owed, but there is one major problem and that is if they provide the courts with you last known address, you are highly unlikely to receive the court papers which you can then file your defence on in time.

 

If it were me, I would provide them with an I&E and show that £20 a month is all you can afford and then would follow this up with a request for bank details. If they do not respond to this I would send a £20 postal order to the address they give and state that you are deducting the costs of the postal order, the stamp and the envelope off the total balance and send them a mini statement showing what you owe.

 

Take back control, you tell them what you can afford and start to make payments, if and I do believe if is a very big word in this case they take you to court, their case would be weak at best!