• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Recieved a ccj claim from howdens joinery

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Originally posted by Gareth182002 View Post
    I only occasionally enter into transactions
    In that case you will probably qualify as a consumer and are protected under CCA 1974
    cf CCA1974 sec 189 2
    A person is not to be treated as carrying on a particular type of business merely because occasionally he enters into transactions belonging to a business of that type.

    However best to negotiate directly with Howdens, if they will.
    Don't however ignore court timelines whilst negotiating

    Comment


    • #32
      So how would I word my defence to the court on the basis I am classed as a consumer

      Comment


      • #33
        Howdens only sell to the trade a consumer has to buy goods through a trader ?

        Comment


        • #34
          Yes I agree but a trader can be a consumer if it is not within their trade or profession
          this is why I belive I am purchasing as a consumer i also do not do trade with them frequently what I really need to know is how do I file a defence with the courts
          I am prepared to pay the debt I just want some time without the ccj being awarded

          Comment


          • #35
            Then get on to Howdens and offer a plan.

            I do not see any basis on which consumer law is engaged. The goods were bought. You have not suggested that they were not satisfactory. Although apparently not buying for your business you chose to use your trade account.

            You file a defence by writing it down, and sending one copy to the court and one copy to the claimant. This site has a template you can look at to see the layout.
            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.pdf

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 < >

            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.
            2 of 2 < >

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X