Thread: I'm being sued!
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Old 02-02-2006, 07:37 AM   #33
Cyclefrance
Pump my ride!
 
Join Date: Aug 2005
Location: Deep countryside of Surrey , England
Posts: 1,890
Hi Brianna - only just caught this - hope I'm not to late to add my two-pennuth!

All the card companies can be PITAs, but one thought I had that may be of possible help is that when new laws are introduced over here there is seldom the right given to apply these retroactivley. So if your debt is older than the introduction date of the new bancruptcy ruling I would check (or query) the right of the company to go after you using the new law as its basis. As to clearing the debt, I agree with most others that the worst thing you can do is ignore it.

It's better to talk than to write. Be firm about the position you believe applies (that they cannot rely on an amendment to the law introduced after the debt was substantiated), argue their premise that interest is due. If they have failed to notify you before, demand proof of debt (if it is some time ago it is reasonable to expect that you have no record available yourself - if the company cannot furnish sufficient proof then you would IMO be within your rights to reject their demand - I managed to do just that a couple of year's back over here with a government office), and if it does come to the crunch then try to negotiate a lower figure - offer at best/worst the capital sum without interest as a means to settle, arguing this will save them time and cost to reach an agreement at a lower level than to have to fight for something that is questionnable as to whether it is due or not. If you get no change out of the first line customer contact ask to speak to a supervisor - the desk person probably does not have authority to agree anything - the supervisor should have.

Good luck!
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