Defending CCJ

[Littlezo]

I have applied to defend my case as the CCA requested in 2019 is still outstanding.

I was sent a document that was not considered a true copy and contained many errors and missing information. I challenged the document and was told it would be looked into and have heard nothing until over two years later when the companies solicitors have got involved.

Am I able to defend this and request it is struck out as from what I understand that have no justification to bring proceedings on me. I have requested this information again and it’s not yet been received.

I could really do with some help on how to submit my defence which I need to do by next weekend.

Thank you

[R0b]

Hi sorry,

Unfortunately what you have written does not make sense and not aligned with the legal process. When someone issues a claim, you have a limited period of time to admit the claim or file a defence. If you are saying that the claim has sat around for two years suggests the claim has been stayed because the claimant has done nothing.

You must have had to file a defence to get to this stage so why do you need help submitting your defence? Also you say you have applied to defend your case and then you talk about a request to strike out. Which is it, an application to strike out or to have the case heard?

Some clarity would help to understand what you actually need to do and want from us.

[Littlezo]

Sorry this all new to me so I’m probably using the wrong terminology.

In 2019 I applied for a CCA over a debt I disputed as not being mine. What was sent was full of incorrect information including a signature dated a year after the account was supposed to have opened which was taken from an application for a current account with Halifax and not the credit card they alleged. I disputed the CCA as not being a true copy with Arrow. Arrow wrote to say they would investigate with Halifax and in the meantime the debt would remain unenforceable.

Last October Arrow forwarded my account to their Solicitors who have then applied for a CCJ and notice was served to me.

I have put in an application to defend this and need to submit my defence which I could really do with help writing.

My understanding is as they wrote to me in 2019 and that was the last time I heard from them, are they allowed to have bring court actions on me. I was hoping I could ask the courts in my defence to reject this, or is that not something you can do?

I have followed the steps on here to request information from both the solicitors and Arrow which has not arrived. The solicitors have said they are happy to allow 30 days from when the documents are received to allow me time to prepare my defence. However I have read on here that they have no authority to grant this sort of extension. I wanted to check if this was correct?

sorry I hope this is a bit clearer

[MIKE770]

Example Defence

Pre-Action Letters did you get one of these??

[Littlezo]

Hi I had something similar but only half a page of information. Nothing about the particulars of the debt. It just says the debt has been passed to them. A bit about Covid what I owe and how to pay. Then income and expenditure included.

I spoke with the National Debt Helpline who provided me with some templates. I wrote to Solicitors asking for them to provide what information they had made this debt enforceable as no one has raised this with me and which they didn’t respond to.

I received a letter in December saying they had not heard from me which I thought had been sent in error as the previous letter I sent was sent recorded. But they’d mentioned delays due to Covid in the first letter to me, so I thought it had just not been looked at yet. I wish I had contacted them as the next letter as was saying they’d applied for court action with the court papers turning up the same day.