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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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When I had a business in 2018 I took out a loan paid back

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Hi When I had a business in 2018 I took out a loan paid back via the card terminal we used. Unfortunately the business ran into financial problems and eventually closed. The lender has used Shire recoveries to recoup the balance and now subsequently Azzurro Law of Southampton have issued a County Court claim. The business was a sole trader company.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: My question is can this be enforced, have Shire or Azzurro simply brought a debt and is that then enforceable.
JA: What steps have you taken so far?
Customer: we are at MEdiation stage in the next couple of weeks
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think thats all

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

In terms of enforceability, the debt may have sold to Shire who then used a law firm to issue the claim. Mediation can be useful in that it avoids court action (or stops it from escalating). What is their stance and why are they suggesting mediation? Are they making offers to settle?

Customer: replied 7 months ago.
Azzorro Law have been asking me to put something in place but I was weary of accepting a transferred debt by doing this. I think Azzurro may have purchased the debt
Customer: replied 7 months ago.
They haven't suggested an amount prefer to text thanks

Yes, it's likely they have. Do you admit to owing anything? I note your question was initially about enforceability of the loan

text or online is fine - no call is required

Customer: replied 7 months ago.
I did have an outstanding balance on the loan but since closing the business my income is limited now so payments at the level they will want are difficult

Thanks, ***** ***** get a county court judgment (CCJ) against you then you can ask the court to pay by installments (form N245 is submitted if you lose the claim). You could defend the claim which would mean the case takes longer to settle and therefore giving you more time.

Customer: replied 7 months ago.
ok is there anything as the debt purchaser they need to have done to legally enforce the claim

Yes, they need to be regulated by the FCA (you can check here https://register.fca.org.uk).

Assuming they are regulated then they need a contract between the card terminal business and the Shire to allow Shire to pursue the debt - they are likely to provide a copy of this in due course if you ask for it.

Do you need anyone to go with you mediation or are you OK going yourself?

Customer: replied 7 months ago.
Its a phone mediation in this case
Customer: replied 7 months ago.
thank you I will check this

OK, it will be easy enough to do it yourself in that case. Do you want to come back here after the mediation session?. I can answer further questions on the court procedure and what to expect, etc. Also tactics having worked in both claimant and defence.

Customer: replied 7 months ago.
thank you that could be useful

Yes, I am happy to help. In the meantime if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today. The question will remain open.

Many thanks,

Jim

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