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Thread: ccj on credit file

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  1. #26
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    Default Re: ccj on credit file

    Finally defence. Once again thankyou for helping with this.

    IN THE XXXXXXXXXXXXXX COUNTY COURT

    CLAIM No: xxxxxxx


    BETWEEN:

    NAME of CLAIMANT

    CLAIMANT

    And

    YOUR NAME

    DEFENDANT


    __________________________________________________ ______
    Draft Defence
    __________________________________________________ ______




    1. It is admitted that the Defendant entered into an agreement with shop direct on XXXXXX DATE XXXXXXXXXX. (DONT KNOW THE DATE)

    2. It is denied that the Defendant owes the Claimants £1681.94 as stated in their particulars of claim.

    3.

    4.**** (WHAT SHOULD I BE PUTTING HERE)

    5.* (SHOULD I ALSO PUT ABOUT IT BEING S.B)


    I believe the facts stated in this Defence are true.


    Signed __________________________

    Dated: ____________________________

  2. #27
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    Default Re: ccj on credit file

    @Amethyst any chance you could have a look at the 3 drafts and help with the bits im unsure about, thanks.

  3. #28
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    Default Re: ccj on credit file

    Can anyone help filling out the drafts please as i need to send application back to set aside, getting a little worried now as have no idea what to do.

  4. #29
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    Default Re: ccj on credit file

    Hi its been days since anyone has replied, really need to send this application to court but cant until i write the drafts. Please can someone help

  5. #30
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    Default Re: ccj on credit file

    @nemesis45 hi see that your online and have helped me in the past. If its ok could you help by having a look at the drafts i posted before and advise me on the bits im stuck on. I really need to get this application to set aside sent off. Bailiffs will probably start coming as of next week and im getting worried.

  6. #31
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    @nemesis45 hi see that your online and have helped me in the past. If its ok could you help by having a look at the drafts i posted before and advise me on the bits im stuck on. I really need to get this application to set aside sent off. Bailiffs will probably start coming as of next week and im getting worried.
    Hello Pel.

    Yes of course I'm just on my way out and will take a look am tomorrow.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  7. #32
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    Default Re: ccj on credit file

    Oh thanks nem, am very grateful. Once i have them done i can send to court and pay the fee.
    Have a good evening.

  8. #33
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    Default Re: ccj on credit file

    Hi nem did you get a chance to look at them, thanks

  9. #34
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    Default Re: ccj on credit file

    @nemesis45 hi sorry to bother you again. Did you get a chance to look. So hope you can help.

  10. #35
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    Default Re: ccj on credit file

    Hi i have filled out what i can, should i send defence with witness and draft order?

  11. #36
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Hi nem did you get a chance to look at them, thanks
    Hello Pel,

    Sorry for the delay in responding, thanks to Open Reach once again cutting our phone line every day for a week while installing new cables.
    taking a look now.
    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  12. #37
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Here is witness statement with a little help

    WITNESS STATEMENT OF (what should i write here)
    _________________________________



    I XXXXXXXXXX of XXXXXXXXXX** addressXXXXXXXXXX being the Defendant in this case will state as follows; (AM I PUTTING NAME & ADDRESS HERE)

    1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

    2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if Ė

    (a) the defendant has a real prospect of successfully defending the claim; or

    (b) it appears to the court that there is some other good reason why Ė

    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.


    3. I learnt of the existence of this claim on the XXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]* (SHOULD I PUT DATE WHEN NOTICED ON REPORT OR WHEN RECIEVED LETTER LAST WEEK) *** YES***

    4. My address changed in DECEMBER 2014 and a redirection service was in place from DEC 2014 to DEC 2015.**** Therefore there is no reason why any document (s) should not have reached me.***

    5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally (SHOULD I WRITE ANYTHING HERE?) *** ****YES*** any details or docs you have can be mentioned here and indexed as e.g. Letter from/to xxxx Exhibit Pel X etc.

    6: On june 8th 2018 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

    7. The Claimant did not respond to my request.

    8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


    Statement of Truth

    I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: ________________________________
    OK. see amendments.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  13. #38
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Finally defence. Once again thankyou for helping with this.

    IN THE XXXXXXXXXXXXXX COUNTY COURT

    CLAIM No: xxxxxxx


    BETWEEN:

    NAME of CLAIMANT

    CLAIMANT

    And

    YOUR NAME

    DEFENDANT


    __________________________________________________ ______
    Draft Defence
    __________________________________________________ ______




    1. It is admitted that the Defendant entered into an agreement with shop direct on XXXXXX DATE XXXXXXXXXX. (DONT KNOW THE DATE)

    2. It is denied that the Defendant owes the Claimants £1681.94 as stated in their particulars of claim.

    3***** Summary of events chronologically ** letters sent received, actions taken etc. in numbered paragraphs. e.g. non compliance with requests for documents.

    4.**** (WHAT SHOULD I BE PUTTING HERE **** see above****
    5.* (SHOULD I ALSO PUT ABOUT IT BEING S.B) he Claimant avers that the alleged debt is statute barred under the provisions of the Limitation Act 1980 and was so barred on or before this claim was issued.

    5.(a) A summary of the reason (s) that you believe the debt is SB keep is short and enlarge on WS



    I believe the facts stated in this Defence are true.


    Signed __________________________

    Dated: ____________________________
    Take a look at the details in the defence templates in the green box at the top of the forum.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #39
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    Default Re: ccj on credit file

    Just a quick update everything got sent on the 29th and fee paid. Wife got letter from northampton saying that it was referring the case to dartford court for hearing. Not heard from them as of yet.

    We did get another letter from dartford court bailiff with a final notice, my wife called him and explained what had happened and she had made a application to set aside. He said ok i will take out of my pile until after the hearing. Then this morning he has hand delivered another final warning saying if she dont pay by end of the 11th he will be back with a enforcement team.
    Wife called him and he said to ignore it that it was posted by error.
    Does it normally take long for a hearing and also what should we expect from the hearing, what happens when/if it gets set aside.

  15. #40
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Just a quick update everything got sent on the 29th and fee paid. Wife got letter from northampton saying that it was referring the case to dartford court for hearing. Not heard from them as of yet.

    We did get another letter from dartford court bailiff with a final notice, my wife called him and explained what had happened and she had made a application to set aside. He said ok i will take out of my pile until after the hearing. Then this morning he has hand delivered another final warning saying if she dont pay by end of the 11th he will be back with a enforcement team.
    Wife called him and he said to ignore it that it was posted by error.
    Does it normally take long for a hearing and also what should we expect from the hearing, what happens when/if it gets set aside.
    There is a backlog in the court system, you could ring the Dartford CC to find out if the claim has been allocated to it.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  16. #41
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    Default Re: ccj on credit file

    Hi @nemesis45 just a quick update. Got letter through this morning "notice of hearing of application" which will take place 23rd may
    Is there anything else we need to do for this and do we attend or wait for the outcome.
    Thanks

  17. #42
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    Hi @nemesis45 just a quick update. Got letter through this morning "notice of hearing of application" which will take place 23rd may
    Is there anything else we need to do for this and do we attend or wait for the outcome.
    Thanks
    Hello Pel,
    Witness statement in support of your defence has to be submitted is there an order on the WS?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  18. #43
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    and do we attend or wait for the outcome
    If a hearing has been listed then you must attend.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #44
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    Default Re: ccj on credit file

    When i sent of apllication to set aside i sent draft order/ witness statement and defence with the application, is that what you mean?

  20. #45
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    When i sent of apllication to set aside i sent draft order/ witness statement and defence with the application

    The WS should be sent with the Draft Defence at the time of your Application for the set aside, so you've done that correctly.

    No need to file another one.

    Did you serve everything on the other side at the time?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #46
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    Default Re: ccj on credit file

    Letter states the hearing of the defendants application (see copy attached) will take place 23rd may

    To the parties, important notice

    Please note that the courts listing policy provides that the number of cases listed for hearing may exceed the actual judicial time available on the day. This is to ensure maximum and economical use of listing time, taking into account late settlements and also to offer court users the earliest possible date for hearing.

    Therefore please note:
    A) the case may be moved to a different hearing venue or stood out at short notice. HMCTS will contact you by 2pm, the working day prior to the hearing if this is the case

    B) the case may not be called on for hearing at the time stated and there may be some delay.

    The court and hm court service will not be responsible for any costs incurred in the absence of any departure from this listing policy unless due to maladministration.
    If this case settles or the time required for the hearing of the case changes then please inform the court at the earliest opportunity.
    Please ensure that the court has a telephone number on which you may be contacted during court hours.
    It is also advisable that you view the website by 4pm the working day before your case is due to be heard too ensure there have been no late changes to the listing.

    - - - Updated - - -

    Quote Originally Posted by Diana M View Post
    The WS should be sent with the Draft Defence at the time of your Application for the set aside, so you've done that correctly.

    No need to file another one.

    Did you serve everything on the other side at the time?

    Di
    Hi what do you mean by " did you serve everything on the other side at the time"?
    Sorry if i sound silly just making sure we get everything correct, thanks

  22. #47
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    what do you mean by " did you serve everything on the other side at the time"?
    Sorry if i sound silly just making sure we get everything correct, thanks
    You're not sounding silly at all!

    By "serve" I meant did you post/send a copy of your Application, Draft Defence, Witness Statement and Draft Order to the other side (Lowells) at the same time as you filed (post/sent) it at court?

    Or will the Notice if Hearing which you received today be the first they get to kniw about it since the court will have sent the same Notice to them?

    Also be prepared for them to serve (post ) a WS on you before the hearing. It's not been ordered by the court (from what I can see) but they may choose to do that - I would if I were in their shoes.

    They probably will and that's why it's essential that you (your wife) need to attend the hearing.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  23. #48
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    Default Re: ccj on credit file

    Quote Originally Posted by Diana M View Post
    You're not sounding silly at all!

    By "serve" I meant did you post/send a copy of your Application, Draft Defence, Witness Statement and Draft Order to the other side (Lowells) at the same time as you filed (post/sent) it at court?

    Or will the Notice if Hearing which you received today be the first they get to kniw about it since the court will have sent the same Notice to them?

    Also be prepared for them to serve (post ) a WS on you before the hearing. It's not been ordered by the court (from what I can see) but they may choose to do that - I would if I were in their shoes.

    They probably will and that's why it's essential that you (your wife) need to attend the hearing.

    Di
    No we didnt serve lowell a copy of the application etc but my wife did contact them to inform them.

    So we dont need to do anything else at the mo other than attend court on the 23rd?
    Thanks

  24. #49
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    Default Re: ccj on credit file

    Quote Originally Posted by pel007 View Post
    No we didnt serve lowell a copy of the application etc but my wife did contact them to inform them.

    In which case send them a copy of everything asap otherwise they'll argue in court that they've not received your evidence so it shouldn't be admissible.

    Don't worry you have time to play catchup with this. You are a LIP after all.

    I've glanced back through your thread which started before I joined the forum.

    If you've argued Statute Barred then do you have any evidence you can produce such as proof of last payment - perhaps an old CRA file showing the Default date and payment history? It won't be there now but you can get downloads of any reports you have previously requested from them.

    Once Lowells know you're arguing SB they may come up with 'proof' of some spurious random payment so you need to be ready to shoot that down in flames.

    I can't see if you definitely sent a s77-79 CCA Request at any time and that Amethyst quite rightly pointed out in post # 16 that they would not be obliged to comply since your currently have a CCJ.

    However I would still send one now to hopefully elicit a response of some sort from Lowells.

    If they say they haven't got the documents so will have to ask the original creditor for them then that may help you persuade the DJ that a set aside would be appropriate "in the interests of justice" since Lowells have admitted (if they do) they haven't got the paperwork to support the claim if you were given the opportunity to file a Defence.

    However in post # 11 you say your wife was going to send a CCA Request so did she do that and what was the result?

    This could help you if Lowells come up with something to show the debt was not SB when they issued the claim in 2016.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  25. #50
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    Default Re: ccj on credit file

    Quote Originally Posted by nemesis45 View Post
    I suggest you make a CCA request to Shop Direct for a copy of the agreement, see "green box" above for the template.

    There is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" use signed for post.
    i can now see you were advised to send the CCA Request to Shop Direct who were the original creditor not to Lowells who actually owned the debt at the time the claim was issued.

    If you sent a CCA Request to a Shop Direct that would not have protected your legal position.

    So send another CCA Request to Lowells.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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