Acting for a client pursuing consumer credit based debts we issued 10 summons against various debtors only to receive identical defences from them all. Each was prepared by a company who had charged the debtors a substantial fee for allegedly taking an assignment of the debt from the debtor, something that was not actually possible.
We agreed to run three of these as effectively “test cases” and each was pursued with vigour and an application for summary judgment (a mechanism to save the time and costs of a full trial).
In each of the three cases we have just concluded we were successful in obtaining Judgment not only for the principle sum but also interest up to the date of judgment and all costs.
The remaining seven are now to be “invited” to revisit their previous Defence and consider whether they might be better served to engage with us and try and agree a settlement.
By way of a postscript, the company that charged these and clearly countless other debtor’s huge fees has recently placed itself into voluntary liquidation and so effectively disappeared. Thus the debtors who thought they had bought themselves off the hook find they are still there having paid out many thousands of pounds.
By taking a robust and well considered approach to what could have been a long drawn out dispute with multiple debtors we have saved the client substantial fees and brought these issues to a head far quicker than they could otherwise have hoped.
Please contact one of our debt recovery solicitor to find out how we could help you.