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When is a claimant not a claimaint on a CCJ?

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  • When is a claimant not a claimaint on a CCJ?

    Hi all ,
    I new and wondering if I could get some assistance Please.

    So my sorry story starts with an accident which left we with no job and only benefits to rely on. I contacted all the creditors and told them. I had arrangements in place, with Santander since 2009 via tomlin order. My benefit changed in 2017 and I wrote to Santander , issued a request for statements and told them I would need to change the arrangement and that my Joint Bank account was shutting down.

    I heard nothing , so I rung them and they could not find the account anywhere, they told me they only have files for 6 years. So the bank account shut down and I heard NOTHING... I MEAN NOTHING for 9 years.

    In March 2019 this year I received a CCJ from Northampton on behalf of Santander telling me that I had failed to reply and judgement had been made in my absence with costs , now debt was over £1000.00.I asked the court to set the judgement aside.

    I contacted the Financial Ombudsman (FO) and he phoned Santander, who told him they had sold the debt for many Credit cards in 2014.

    Santander said they had no knowledge of the CCJ as they did not own the debt. They would/could not tell him how or whom the debt was with. They were not taking me to court .

    June 2019 So I went to court ,The "other side" solicitor appeared and I asked him who he was representing … he said Santander.. I said they told the FO that this is not the case and I had a letter from the FO.
    He told me in court that a "debt collector" now owned the debt and had "owned the debt " since 2013. The 2019 CCJ was in the name of Santander. The judge adjourned the case and the new "debt collector" has an opportunity to replace his name on the CCJ as a debtor.

    So the debt is not time barred , I did not receive a claim pack , notice of intention to take me to court , statements , etc . It seems that I tried to get hold of the "owner of the debt" but I couldn't. I am waiting to go back to court . Advice would be great , I considering an IVF, as I cannot keep paying the debt at the same rate .

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Pre-Action Letters
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Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
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Example Defence
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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