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30 Days to avoid CCJ

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  • #46
    Hi,

    I have received a CCJ claim form now from the court and it’s says I have to fill it in and give my defence if I dispute all the claim which I do.

    Can someone please help me with this?

    Many thanks
    Mark

    Comment


    • #47
      Acknowledge Claim and tick defend all (do not send a defence it is too early)

      send CPR 31.14 Request requesting only items listed on the claim for (no charge and get proof posting to solicitors) keep copy on file of all in date order.

      Example Defence to adjust later when told to on here.

      echat11

      Comment


      • #48
        Deleted
        Last edited by Marcus846; 28th September 2022, 11:06:AM.

        Comment


        • #49
          delete account number do not give reference numbers slow down look around the site to see how others responded, and await any request for you to put details on here
          but give dates as to taken out, defaulted last payment etc

          Comment


          • #50
            Ok thanks Mike, I’ll do that now.

            Comment


            • #51
              Deleted

              Comment


              • #52
                Wow they truly are fools aren't they, as instructed in post #47 send them a CPR 31.14 request for the documents they mention in the particulars of claim, which will likely be 'agreement' and 'notice of assignment.'

                Once they write back with the same nonsense about credit agreements have a go at drafting up, then posting here your defence. Then I can have a look and suggest any tweaks or additional information you might want to add.

                Remember this is not your witness statement, so it should be concise and factual.
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #53
                  Many thanks, I’ve sent the CPR 31.14 and yes that’s what is in the particulars of the claim.
                  I’ll update as soon as they write back, thanks.

                  Comment


                  • #54
                    One the Acknowledgment of the claim I have ticked I intend to defend all the claim but on the online one it says do I want to contest jurisdiction, I’m not sure to tick that or not?

                    Thanks Mark

                    Comment


                    • #55
                      Hi,

                      I’ve sent the CPR 31.14 request on Saturday 1st October and I’ve done the AOS on the moneyclaim website yesterday.

                      I am due to go away on the 16th October for two weeks will this be in the time period when I log my defence and can I ask for an extension from the court if it is?

                      I looked around the forum but I’m struggling to understand, do I get 28 days plus 5 days that the letter takes to get to me? The letter is dated 27th September

                      Sorry for another question but I’m struggling to grasp all this.

                      Comment


                      • #56
                        Start date was 4th November 2016

                        Date of default 29 June 2017

                        Comment


                        • #57
                          Originally posted by Marcus846 View Post
                          Hi,

                          I’ve sent the CPR 31.14 request on Saturday 1st October and I’ve done the AOS on the moneyclaim website yesterday.

                          I am due to go away on the 16th October for two weeks will this be in the time period when I log my defence and can I ask for an extension from the court if it is?

                          I looked around the forum but I’m struggling to understand, do I get 28 days plus 5 days that the letter takes to get to me? The letter is dated 27th September

                          Sorry for another question but I’m struggling to grasp all this.
                          Can someone please advise me on these timescales and if I can ask for an extension please?

                          I haven’t anything back from my request yet.

                          Comment


                          • #58
                            Originally posted by Marcus846 View Post
                            do I want to contest jurisdiction, I’m not sure to tick that or not?

                            Thanks Mark
                            No, don't contest

                            Originally posted by Marcus846 View Post
                            Hi,

                            I’ve sent the CPR 31.14 request on Saturday 1st October and I’ve done the AOS on the moneyclaim website yesterday.

                            I am due to go away on the 16th October for two weeks will this be in the time period when I log my defence and can I ask for an extension from the court if it is?

                            I looked around the forum but I’m struggling to understand, do I get 28 days plus 5 days that the letter takes to get to me? The letter is dated 27th September

                            Sorry for another question but I’m struggling to grasp all this.
                            Yes you get 33 days from the date on the Claim form N1, if you are going to be away you should write to the other side and request they agree to an extension to file your defence by 28 days pursuant to CPR 15.5.

                            If they agree you are obliged to notify the court they have agreed in writing.

                            Post a draft of your defence with personal info removed once you have drafted it for comment.
                            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                            Comment


                            • #59
                              Thank you for your reply, I will have a few days when I get back to put my defence together when we return. I will post on 1st November and if anyone c

                              Comment


                              • #60
                                Hi,

                                I have just got back from holiday and they have not sent the documents I requested in my CPR 31.14.

                                How do I proceed now? Do I put in my defence that they haven’t provided the requested documentation?

                                Many thanks
                                Mark

                                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.




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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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