**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

brill - thanks M1

its incredible what you can remember when you have to!! i can actually remember recieving the card and signing it and sending the slip back -- IF only i hadnt

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

brill - thanks M1

its incredible what you can remember when you have to!! i can actually remember recieving the card and signing it and sending the slip back -- IF only i hadnt

If you can convince the court that's the truth the debt is unenforceable and you wouldn't wish you hadn't then

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Lol you are so right !!!

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi All

I just wanted to give you an update of where I am at, time has flown, apologies for the delay

I submitted my defence on 22^nd August and have heard nothing since. The court have confirmed it is stayed. To be honest this is very frustrating as the sword of Damocles remains over my head.

I am under no illusion that this has gone away and guarantee it will be back in no time to bite me . My goal now is to try and get to into a position where I can afford legal help to defend it. The arguments I included in my case are complex and most likely beyond me as an LIP to defend. I have decided to be brave and go for PPI reclaims, so will pop over to that forum for help!

So that’s where I am at – no new really.
My advice to those reading is

1) Defend Defend Defend
2) You have plenty of time, nothing happens immediately but make sure you stick to the timelines. I thought when I started this that it would all be over in 2 weeks – 8 months on its still on -going
3) Post on here and take all the excellent advice and ensure you tailor all the templates etc to YOUR case – they are all different, you can’t just down load standard templates
4) Prepare prepare prepare – you will need to familiarise yourself with all the intricate CPR rules and case law, this will take time but is worth it. This is YOUR case, you need to know the facts.
5) Judges are a lottery – don’t expect them to be on your side – BUT courts are professional places, they are not scary, if you are prepared and can stand your ground you arguments will be heard, but again this does not necessarily mean they will agree

Once again thank you Amethyst, M1, Flaming Parrot et al for your help and advice. You are all champions.:wub:

I’ll be back as soon as they pick up the case again

XXX

LLL

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

I spoke too soon


I don't quite understand what has happend. I have heard nothing from the claimant and was told the case was stayed. today I received a an order from the court. I have had no directions but it has been Allocated to the small claims track. I have attached a copy of the order which says I have to have my witness statement in by 11th December ? I thought I had to have notification that they were going to continue and complete directions. ? Am really confused , especially as there is no hearing date. Could you advised. Am in a panic. Is this just normal ?

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

That is a bit odd, what's the first page of that letter say ? Usually that's the info you get along with a hearing date

(oh btw SO FAR I think it is good and in your favour so don't be worrying about it)

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

These are the other two pages . I just don't understand
Thanks amyethst for getting back to me xxxx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Part 2

xxx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ohh amythest you are so good at reassuring us , thank you

xx

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Okay that's cool. The hearing is at a hearing centre, and they will tell you when later, so it is a notice of hearing, just they haven't set the hearing date as yet, and it may be that they won't until the deadlines for producing documents have passed ( maybe they have had enough of setting and cancelling hearings for these cases that never produce docs)

So we get all our bits together and make sure we comply with that deadline, and keep everything crossed they just don't.


For ref http://www.justice.gov.uk/courts/pro...l/rules/part27 is the Part they refer to, not particularly exciting reading I'm afraid lol.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks so much . Could you point me in the direction of a witness statement so I can start to prepare. At what point should I start negotiations for a Tomlin ? Xx

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Do you want to negotiate ? If so on what basis ?

Witness Statement wise, it will be a little bit unique but as a starting point for layout and kind of things to put.................




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support/defence of xxxxxxxxxxxxxxxxxxxxxxxxxxx

2. I learnt of the existence of this claim on the XXXXXXXXXXXXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]

3. My address changed in XXXXXXXXXXXXX and a redirection service was in place from XXXXXXXXXXXXXXX to XXXXXXXXXXXXXXX / I informed the Creditor that I had moved house in writing/telephone on XXXXXXXXXXXXXX. // I was admitted to hospital on XXXXXXXXXXXXXXX until XXXXXXXXXXXXXXXXX and had no knowledge of the claim until XXXXXXXXXXXXXXXXX // I was out of the country on business //

4. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally

5: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

6. The Claimant did not respond to my request / turned down my request.

7: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated:

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

I just don't think I'll be able to defend adequately in court , I just want it to go away. but I guess I am panicking I will go down the route of submission of the witness statement and see if they submit . Am guessing if they do then that's when I will start to negotiate .


Its weird as looking at other threads they usually allocate a date and ask for a fee when asking for witness statements ... I am so perplexed !

As as always thanks for your help xxxxx

[skilganon]

Re: CCJ for old debt - have no idea what to do - court claim

Hi lowlowlola,

did you at any time receive a directions questionnaire to fill in and return to the court and a copy to be sent to the claimant?

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

No not at all.