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Court claim sent 6 months after ‘letter before claim’ - unaware CCJ issued

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  • Court claim sent 6 months after ‘letter before claim’ - unaware CCJ issued




    I’ve moved this as I’d posted in the wrong section.

    I received a letter before claim in July 2022 with sparse details about a personal loan with Sainsburys and responded that I’d be defending the debt. I asked for more information about the debt. I received no reply. I kind of forgot about it and went on holiday in January 2023 to February 2023. I just returned to find I have a CCJ issued 2 days ago.

    I feel that taking the chance to go on holiday was reasonable due to not hearing anything after the letter of claim for 6 months? I’m not sure what other people do about holidays after a letter of claim?

    I think this debt is a mistake. My husband took a loan before we broke up, but I’m sure it was in his name.

    I’m not sure what my defence is as I have no information as the particulars of claim are as brief as the letter before claim.

    I think I need to apply to have it set aside and fill in the N244 Court Application Form but I don’t know how to prepare a defence when I don’t have the info I need about the debt? It was a long time ago that I defended an actual court claim (it was successful) and have no idea how to do this at this stage in terms of defence.

    Any help would be appreciated very much!
    Tags: None

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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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