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CCJ Set Aside Advice. Defence & Acknowledged sent in time

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  • #31
    was it statute barred in your original defence ? and was it statute barred when they issued a claim ?

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    • #32
      Well, imho it satisfies one part of the criteria.
      The other is having a good enough reason for the delay.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #33
        Yes I am 99% sure it is statute barred and that was and is my defence.

        Comment


        • #34
          Originally posted by charitynjw View Post
          The other is having a good enough reason for the delay.
          ####

          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #35
            My reason for the delay is due to not receiving paperwork through the post. Being away on a residential training course for 14 weeks whilst the claim was going through the courts and when I did return home not having any letters waiting for me. in March 2017 me and my partner then lost a child due to a miscarriage whilst I was away on this training course which caused a lot of grief and then I moved once the training course was finished next door. The original address is my grandparents who I still care for today (Alzheimer’s) the post person was never the same person day in day out due to part time hours and the creditor has never enforced the debt for two years which the courts confirmed. I’ve only found out about this last week when I met a mortgage broker. I thought the claimant had dropped the case due to not hearing anything because of the strength of my defence. Now it has come to my attention I am acting promptly to get this set aside and because it is statute barred I have a good chance of defending the claim

            Comment


            • #36
              Any advice would be appreciated. Waiting on documents from the court now

              Comment


              • #37
                Not much to advise on until you get the docs from court - you can read through the set aside guidance though and start putting that together based on what you know - https://legalbeagles.info/library/ho...-judgment-ccj/
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

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                • #38
                  i would honestly wait until you receive the reply from the court

                  Comment

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