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CCJ set aside advise/ HELP Please.

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  • #91
    Originally posted by Amethyst View Post
    You'll have to do the defence on paper now as it's beyond the online system - but yes ask for 28 days if you need them - judge can only say no xx
    Thanks, What i need to prepare for my* defence?What document can i request now?
    I can see my account opened and agreement date on 22/03/13.This agreement is between us,shop direct finance company limited.
    Particulars of the claim date on 23/03/2013. (the agreement)
    Thanks Amethyst*

    Comment


    • #92
      Amethyst*

      Update:*So the judge set aside my claim. He's ordered that i have 28 days to file and serve a defence from receive a copy of the original claim* by Lowell.*
      So now i need to get a proper defence sorted.*
      Will i receive a court order letter to confirmed my CCJ has been set aside,do i need contact Registry Trust/credit agencies to removal?

      The next step:
      I need help to draft my defence now.
      What document should i request now.*
      On 31/12/2019 I send a CPR letter to request 1. Agreement 2. Notice of Assignment to Lowdell ,they only send me Notice of Assignment, dated 02/01/2019.
      I request and received SAR by shop direct.**
      No agreement send.
      I can see my account opened and agreement date on 22/03/13.
      On Particulars of the claim date on 23/03/2013. (the agreement)

      Copy of the particulars of the claim.
      1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VERY - LITTLEWOODS/ADDITIONS DIRECT WHICH WAS REGULATED BY THE CONSUMER CREDIT ACT 1974 UNDER REFERENCE XXXX ON 23/03/2013 ('THE AGREEMENT'). 2) IN BREACH OF THE AGREEMENT, THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE AGREEMENT WAS TERMINATED. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 17/12/2018 AND WRITTEN NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £XXXX REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS A) THE SAID SUM OF £XXXX B) INTEREST PURSUANT TO S69 COUNT COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £2.078, BUT LIMITED TO ONE YEAR, BEING £629.50 C) COSTS

      Thanks*

      Comment


      • #93
        Amethyst**can you give me some advice ,please.

        Comment


        • #94
          just double check the credit agreement send by shop direct is 22/03/2013.*This agreement is between us,shop direct finance company limited.
          On the claim form, the agreement date 23/03/2013.
          Do i need to request**"termination notice*"*
          Thanks
          Last edited by ansonlee; 18th March 2020, 11:30:AM.

          Comment


          • #95
            Amethyst*
            Can you help,please?
            can agreement date different in claim form?
            Lowell email me*copy of the claim form on 16/03. When deadline submit my defence?
            Do i need request "termination notice" on my case?*

            Comment


            • #96
              Amethyst* can you help to give me some advice to prepare my defence,please.

              Comment


              • #97
                Example Defence

                Comment


                • #98
                  Originally posted by MIKE770 View Post
                  Thanks for sending over Example Defence. Im not quite clear on a few things and I want to make sure before draft my defence.
                  1.can agreement date different in claim form? (credit agreement send by shop direct is 22/03/2013 and*On the claim form, the agreement date 23/03/2013) *
                  2.Lowell email me copy of the claim form on 16/03. When is my deadline submit my defence? (*judge set aside my claim. He's ordered that i have 28 days to file and serve a defence from receive a copy of the original claim)
                  3.Do i need request "termination notice" on my case or no any different without it.

                  Thanks

                  Comment


                  • #99
                    Hi
                    * Anyone here can give me a advise,please?

                    Many thanks.

                    Comment


                    • MIKE770*Amethyst*
                      Im not quite clear on a few things and I want to make sure before draft my defence.
                      1.can agreement date different in claim form? (credit agreement send by shop direct is 22/03/2013 and On the claim form, the agreement date 23/03/2013)*
                      2.Lowell email me copy of the claim form on 16/03. When is my deadline submit my defence? (judge set aside my claim. He's ordered that i have 28 days to file and serve a defence from receive a copy of the original claim)
                      3.Do i need request "termination notice" on my case or no any different without it.
                      4.I need a file a fully pleaded Defence as to why i dispute the claimed amount. (i order the item but never received,shop direct still charge the items in my account)
                      5. How can i provide evidence to never received the items?Can i ask shop direct to provide evidence they have send me the items?**

                      Thanks for advice.*

                      Comment

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