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1. Defend the case - you may win or you may lose.
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How will he loose given the debt will not be too old to enforce (even if it existed) ?
I suspect the fact there have been ongoing letters, phone calls etc will have kept the debt "LIVE" for want of a better expression
Google is my friendNot so, unless there was a written ackowledgment signed by the debtor confirming the debt 9per s.58(1) of the Statute of Limitations 1957.
No part payments or acknowledgement of the debt. I was always suspicious when the phone calls persisted in "Do you admit you owe the money?" type questions. I repeatedly denied the debt. I suspected that even a partial admission e.g. "I might, I can't remember" would be good enough for them.However, a part payment of the debt will also deem the debt to accrue on that date so the clock can start ticking again.
I agree entirely with MOB's summary of your options and I think that you should really consider getting yourself a solicitor. There really are no guarantees in litigation and this is particularly so in the District Court, so don't take anything for granted. It certainly is most unfortunate that you didn't retain evidence of discharging the debt.
Some debt collectors use forms with headings which look like official court documents, but aren't.
Interesting point. I would imagine that its an offence to present someone with a document which impersonates a summons or an official court document. Anyone check?
Nope. It would be no harm to show them you are serious in defending.Would a phonecall or letter to MBNA reminding them that they will be liable for any legal costs you incur and telling them that you intend to sue them for defamation for telling third parties i.e. "debt collection" companies (remembering that these do not legally exist in Ireland) that you are debt etc. be out of order?
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