Hi, I received a notice to appear in small claims court in regards to a debt that was un-settled with the original creditor and then sold on to a 3rd party interloper. It is now the 3rd party that has filed the claim against me. I have lodged my rebuttal to the claim with the courts and a date is set in November for the hearing.. Recently i was notified by email from the claimant that they had adivsed the courts they would not attend said hearing and that they hoped the courts would find in thier favour regardless! My questions are…
1- Can i file a motion with the court to have the case dismissed due to non-appearance of claimant?
2- There is no specific novation order naming the 3rd party interloper directly on the original contract, am i liable to them?
3- Can a debt be settled twice in law?
4- I tried to remain in honour with the original creditor but went into dispute over deductions from my account that were contrary to the terms agreed and the original creditor then sold on the debt to this 3rd party.
I have no dealings with this 3rd party in anyway, they have bombarded me with demand emails with-out any valid proof of claim. Any attempts to contact them and remedy this issue were met with demands for personal data i was unwilling to provide to this unknown entity, I have acknowledged no liability to them or entered into any discussions that could be used to create joinder with me. Is the claimant acting with dis-honour by not attending the hearing? can i have this dismissed on these grounds?
Alasdair Taylor's Answer
Thanks for your enquiry. However, it has been quite a few years since I did litigation work and am therefore unable to comment on these questions.
(In any case, these are the sorts of questions which would benefit from some exploration of the facts, so I think you would be better off seeing a lawyer in person.)