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Hi I have recieved a ccj from howdens I was offered £12000 credit and had not signed any cca
how do I defend this for this reason
how do I defend this for this reason
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Did you receive the goods and did you pay for them?Comment
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Yes I did recieve the goods and they are on a 30 day invoice using the credit that was offered but no cca signedComment
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Does the statement of truth read like this?
In a statement of case, the statement of truth must be in the following form.
‘[I believe][the (defendant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”.Comment
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Does this help
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Were you buying for your business? You have shown us an application for a trade account. With respect, you do not appear to qualify as a 'consumer'.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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That was down as a trade account as a sole trader
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That is my point.
FWIW, what you have received appears to be a Claim Form and not a judgement.Last edited by atticus; 11th November 2022, 20:29:PM.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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That is correct it is there application for a ccj I have filled out the aos as disputing the whole claim and need to file a defence by the 25th of novemberComment
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What grounds of defence do you think you might have? Do bear in mind that as the claim is for about £12K, it will be a Fast Track claim, not Small Claims. That means a liability for legal costs should you lose, so take care not to run hopeless arguments. Test them out here.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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No sorry the amount I spent of the 12k limit was only £841
so a small sum compared to 12k and my thoughts are that they have supplied credit without the relavenrelavenand I had never signed for any type of creditComment
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Without the relavent ccaComment
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As this is a Business to Business dispute, I don't see how the Consumer Credit Act can be in play.Comment
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which is what I have been trying to say.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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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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