Hi,
So, here's a quick story of my issues:
I took out a business loan with company X about 5 years ago. My company failed, so I didn't pay back loan in full as had no money. It was backed by personal guarantee. About 2 years ago legal firm Y contacted saying please pay company X this amount or we'll apply for CCJ. I replied stating I could only afford £30 per month and had no savings or assets to sell to raise funds to pay them off. They replied stating we'll proceed with a CCJ unless you agree to pay £400 per month or pay in full. I just ignored it, mistake perhaps, but I just didn't have the money to pay them off for their demands.
Now recently they actually put in for a CCJ. I received the Salford ccmcc court documents. In their claim they stated their points of their claim, but proceeded to use the wrong company name in each point and at no point did they use the company name I used to work for. I replied to the claim myself as I have no money for legal representation. I decided to defend the claim in full, stating that I've never owned, operated or been associated with any legal entity of that name, and an entity of that name has never existed - attaching a copy of a companies House search for that entity showing it doesn't exist.
So, waiting and waiting...
I get communications from legal firm Y. In that communication they have said that courts do not look kindly into defence claims like this, they have asked me to withdraw my defence to allow their client X to seek a judgement. They have said if I do not, they will apply for am amendment of the particulars of the claim and a summary judgement. Also dotted around are various statements of increased costs etc.
What would be my best course of action? Am I to assume that amending the particulars of a claim is costly, which is why they want me to withdraw my defence?
I basically have no money to pay any of this, and any enforcement action will only cost them more as I have no tangible assets.
Many thanks for any advice and help
So, here's a quick story of my issues:
I took out a business loan with company X about 5 years ago. My company failed, so I didn't pay back loan in full as had no money. It was backed by personal guarantee. About 2 years ago legal firm Y contacted saying please pay company X this amount or we'll apply for CCJ. I replied stating I could only afford £30 per month and had no savings or assets to sell to raise funds to pay them off. They replied stating we'll proceed with a CCJ unless you agree to pay £400 per month or pay in full. I just ignored it, mistake perhaps, but I just didn't have the money to pay them off for their demands.
Now recently they actually put in for a CCJ. I received the Salford ccmcc court documents. In their claim they stated their points of their claim, but proceeded to use the wrong company name in each point and at no point did they use the company name I used to work for. I replied to the claim myself as I have no money for legal representation. I decided to defend the claim in full, stating that I've never owned, operated or been associated with any legal entity of that name, and an entity of that name has never existed - attaching a copy of a companies House search for that entity showing it doesn't exist.
So, waiting and waiting...
I get communications from legal firm Y. In that communication they have said that courts do not look kindly into defence claims like this, they have asked me to withdraw my defence to allow their client X to seek a judgement. They have said if I do not, they will apply for am amendment of the particulars of the claim and a summary judgement. Also dotted around are various statements of increased costs etc.
What would be my best course of action? Am I to assume that amending the particulars of a claim is costly, which is why they want me to withdraw my defence?
I basically have no money to pay any of this, and any enforcement action will only cost them more as I have no tangible assets.
Many thanks for any advice and help
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