Debt of 8 years old and have just had a CCJ put on my file.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst.

Looking at the template for example defence. Again it sounds silly but I do not know when I received the claim from the court. Is it from the very first letter that was sent to me from Colchester Court back at the beginning of December issuing a date to go to court, or the one from Chesterfield Court issuing a date to go to court or the final letter that was sent to me this week from Chesterfield Court ??


EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst. I am going to go with the only claim I received which was via Wright Hassle on the 9th of this month. This gives the original date of last year but I never received. Have put down on my defence letter as receiving it on the 9th as this is when i first saw the claim.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Bump

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

bump

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst. I am going to go with the only claim I received which was via Wright Hassle on the 9th of this month. This gives the original date of last year but I never received. Have put down on my defence letter as receiving it on the 9th as this is when i first saw the claim.

Good evening John looks good to go imo!

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Since going to court on the @ 11th of Febuary today I have recieved some more documents from the courts. This is really dragging now. Anythoughts would be gratefully recieved on whether I should go for mediation or progress it further and back to the courts ??

ie

Question C1 yes or no ????

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Since going to court on the @ 11th of Febuary today I have recieved some more documents from the courts. This is really dragging now. Anythoughts would be gratefully recieved on whether I should go for mediation or progress it further and back to the courts ??

ie

Question C1 yes or no ????

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

C1 - Yes - you want it in small claims. You will still be able to ask for the costs of the set aside application in small claims. You can try for the solicitors costs ( if they back out you'll have to ask for wasted costs - although if they do discontinue it might be wise to swallow those ).

Mediation its is wise to say yes, and if they still produce no documents or evidence the debt isn't stat barred you can just tell the mediator that and it won't go ahead. Just having a look at the defence - you haven't mentioned that the debt is statute barred in it ? so you will need to bring that up in witness statements if you get to that stage.

Have you had anything else from the claimant at all other than the copy docs ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Thanks for getting back to me. In statement 3 of my defence, it says that if a debt exists then it would be statute barred.
The last letter I received was on the 23rd of February confirming that regarding my request for information on the account, they confirm they do not hold all my information on file, therefore have requested a copy of original statement. The account is on hold whilst they await this information.

Shall I tick A1 yes then and C1 yes also ????

Many many thanks

John

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst,

I received a letter from the courts today ( 14/05/16)

It does seem like I have to start all over again ?? Should I apply again to the courts to set it aside / varied / stayed ?

What happens if I don't apply to the courts for the above and just wait for the claimant ( CABOT ) to find those elusive default notices from 2007 ?

Many thanks

John

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst,

I received a letter from the courts today ( 14/05/16)

It does seem like I have to start all over again ?? Should I apply again to the courts to set it aside / varied / stayed ?

What happens if I don't apply to the courts for the above and just wait for the claimant ( CABOT ) to find those elusive default notices from 2007 ?

Many thanks

John

Hello John,

The simple answer is if you don't comply as ordered the court will or Cabot can enter judgement for the claimant.
If Cabot fails to serve the documents ordered by the judge, the judge can strike out the claim.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Thanks for the simple answer. Knowing that the debt is over 9 years old should I bother to apply to have this order set aside or stayed ?

If I do apply, do I want it set aside or stayed ?

And thirdly, what form would I use to send this application to the courts.

John x

Many many thanks

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Thanks for the simple answer. Knowing that the debt is over 9 years old should I bother to apply to have this order set aside or stayed ?

If I do apply, do I want it set aside or stayed ?

And thirdly, what form would I use to send this application to the courts.

John x

Many many thanks

Form N 244.
You have court order setting out what both parties must do by a specified date:

The claimant has been ordered to file documents by 1st June, you then have 14 days to (If necessary) amend your defence.

When did you receive the order? You had 7 calendar days to make the application mentioned in the order.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi
Thanks for for your reply.
The letter I received was dated the 12th May. and I received it on the 14th May.

Many Thanks.


John.