Flexlaw Blog

1st October 2021

Continued success in court

Around 5 years ago we took on what was, then, an unusual case for us. A client had been sued by a company that he hadn't previously heard of who claimed that they had acquired an old debt of his - amounting to over £20,000 - and were looking for payment.

In their writ they alleged that our client had had a credit card account that had been opened way back in the tailend of the 20th century that had gone into default. The original lender had declared it a bad debt and sold (assigned) it to them.

Slowly but surely we researched what was at that point a new area of law for us - the complexities of the Consumer Credit Act 1974 and various regulations under them. We put pressure on the "debt purchase" pursuer to disclose relevant documentation that would demonstrate whether they actually had a right (title to sue) to bring the claim against our client. Paperwork was grudgingly disclosed after we had secured a court order for this. It was apparent that there were numerous deficiencies in it. The fight went on.

The case took almost 18 months to defend and went to a full hearing. We won outright with a substantial expenses recovery. Our client walked away from a stressful experience effectively without any cost to him.

5 years later and my colleague has recently won the firm's 32nd successfully defended action of this sort. In every one of these 32 cases we have either won the case outright or it was been abandoned by the opponent. In all cases each client has gone from a situation of some hopelessness to having a claim for historic debt essentially completed wiped out. 

It's a record we are proud of and keen to maintain. If you are facing court action for an old credit card or loan debt at the hands of one of the following companies (Cabot Financial UK Ltd/PRA Group/Arrow Global/Lowell) or similar please don't hesitate to get in contact for a no obligation initial discussion. We are confident that we will be able to assist you.

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