Ccj claim form defence help please

[liamm]

Hi, Im new to this forum so trying to get some advice about my current situation.

I have received a CCj claim form from Northampton county court business centre which says that a claimant HOIST PORTFOLIO HOLDINGS 2 LTD have claimed £1635.62 plus costs, equaling total £1820.62 for the original creditor MKDP LLP (EX LLOYDS BANKING GROUP) for overdrawn sums not repaid.

I have contacted all 3 credit reference agencies, and they say that the debt dropped off my credit files on 14/01/2017 - as the default date was 13/01/2011. I have NOT made any payments or acknowledged this debt since the default, so under the limitations act, it should be statute barred.

On the Particulars of claim, (shown as an attachment so you can see it) it dates the interest from 15/03/2011 - 15/03/2017 (the date the CJ claim was issued) so I wonder why the claimant has listed 6 years from 15/03/2011, and not 6 years from the default date which was 14/01/2011?

I have submitted an AOS to the court using the money claims online service, and now need to word my defence for the court.

Can anyone help with this? - What wording should I use in my letter?

Also, What is the process from now on after my defence is received at the court?

Any help would be great!

Thanks

Liam

[liamm]

Re: Ccj claim form defence help please

I also forgot to mention - Experian are sending me a letter to say that the default date was 13/01/2011 and was removed from my record on 14/01/2017. Hope this will go to strengthen my defence?

[liamm]

Re: Ccj claim form defence help please

Also, I have been reading on here and similar posts seem to be writing to the creditor (or their solicitors asking for certain documents relating to the monies owed, like the assignment of deed etc.... is this something I should do?

[MIKE770]

Re: Ccj claim form defence help please

First Steps ||CCA Request || CPR 31.14 Request

- - - Updated - - -

Ccj claim form defence...

18

0

liamm

Duplicate post???? stick to this one confusing and wasting time?

[liamm]

Re: Ccj claim form defence help please

Thanks for that. I have done the following, is this OK?

DearSirs,

ClaimNumber --------

Requestfor documents mentioned in a statement of case under CPR 31.14
NOTE:I do NOT acknowledge any debt to your company or your client named inthe county court claim form.

On15/03/2017 I received a County Court claim from yourselves of which Ihave acknowledged receipt indicating my intention to defend in full.This case is statute barred under the limitations act of 1980 as thedefault was issued on 13/01/2011 and no payments or acknowledgementhas been made since this date.

Toenable me to file my defence and/or counterclaim, I requireinspection of documents you mention in your statement of case aheadof filing my defence with the court.
Theoriginal assignment deed


Thenotice that was apparently served





Inaccordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14request.

Youshould note that this claim has not yet been allocated to a specifictrack and the provisions of CPR 27(2) are of no effect. Had yourclaim not been issued through CCBC the Claimant would have beenobliged to attach copies of the documentation upon which it relies tothe Particulars of Claim. I , as Defendant, am entitled to see thedocuments on which the Claimant relies and which you will have toproduce at trial. Disclosure at this stage will enable me to fullyplead my case and further the Overriding Objective.

Youshould ensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within7 days of receiving this letter.

Ifyou require more time in which to comply with this request you musttell me in writing and confirm your agreement to an extension of thetime allowed for me to file my defence as allowed under CPR 15.5 so Imay notify the court.

Ilook forward to hearing from you.

Yourssincerely

[MIKE770]

Re: Ccj claim form defence help please

deleted

[liamm]

Re: Ccj claim form defence help please

what do you mean deleted? Im confused?

[MIKE770]

Re: Ccj claim form defence help please

withdrawn any posting maybe not relevant to you o.k.

[liamm]

Re: Ccj claim form defence help please

Thanks, Any more advice for me?

[warwick65]

Re: Ccj claim form defence help please

I may well be wrong but a request under cpr 31.14 can only be for things mentioned in the claim and IMO that would be only the notice of assignment

In any event I would be inclined to keep it factual and not get into emotive terms such as 'apparently served'

[liamm]

Re: Ccj claim form defence help please

Would I be best just completing my defence on the basis that it should be statutory barred?

[warwick65]

Re: Ccj claim form defence help please

Not my skill set but if it is SB then that would be your defenc. The only problem is if they come up with a genuine payment that shows it is not SB, are you totally sure that you did not make a payment at some point , maybe you were pressured on the phone or maybe someone else made it on your behalf- of course a payment made without your knowledge is not a valid payment

However they should also be able to show the notice of assignment

[MIKE770]

Re: Ccj claim form defence help please

have you a record of last payment and last time you acknowledged the debt>? ]]#they state assignment then ask for that as mentioned on th N1 form delete what is listed but not on the N1.

other items cxan be asked if necessary at a later stage

- - - Updated - - -

Monday, 17 April 2017 is the date to make sure Defence is in by 4 p.m. do not send before a couple days prior or send on that date then they have no room to discredit your defence with items you may have mentioned - i.e. give them no room to out do you! find out last payment or acknowledgment priority before any defence can be put together