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N9b should i claim costs?

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  • N9b should i claim costs?

    Hi,

    Ive managed to get a CCJ for a credit card set aside by consent with the claimant, Hoist Portfolio (Didn't receive court claim and its statute barred).

    Part of the agreement to set aside was that I file a defence within 14 days.
    Because i never received the court papers, I havent got the page to lodge a defence.

    Ive seen on this forum a form N9b.

    1- Is that the correct form to make my defence?
    2 - should I claim costs of the set aside fee £255?
    3 - do i send it to my local court that held the set aside hearing?
    4 - can I email it with pdf's of the N9b and copies of my evidence?
    5- do I send copies of my defence to Hoist?

    The default date is over 6 years ago but they say I made a payment within 6 years. I dont have old statements to disprove it.

    6- What key factor would they need to have to prove the payment they alledge?

    7- should I still make a cpr 31.14 request to get the CCA and details of that payment?
    And what happens if I dont get that info from them in time for my defence deadline??

    Sorry for the mammoth thread.
    Tags: None

  • #2
    demand that they prove such a payment - who paid/when/how/ bank? etc etc etc sounds the old opps we made a mistake(Phantom payments) . get them to prove it or you will go to authorities, ubject Access Request Letter

    Comment


    • #3
      ask the court for more time to file a defence

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      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.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      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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