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Recieved a ccj claim from howdens joinery

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  • #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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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