**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

Bump .. Thank you

[Amethyst]

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

Quick question should I inform df that I have applied for the n244 or is that giving them a heads up ???

You told them you would be entering the application when you requested the information originally so I see no need to tell them you have done so, the court will send copies to them

[mystery1]

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

6 and half a dozen.

M1

[lowlowlola]

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

Thank you both !

[lowlowlola]

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

Dear :beagle:

Just thought I would give you an update of how things are progressing. My N244 went in to Northampton on 11th April and i have just received notification from my local court of a hearing date in the first week of July before the judge which will last 30 minutes.

To be honest I was disappointed that the judge felt it necessary to have a hearing as the delay means that they have more time to comply and get the documentation together but I guess that is just how things go. To date I haven't received anything from Drysden's at all but I wont count my chickens as a month is a long time.

I would be grateful for any pointers as to what i need to do, I know I should bring three copies of all documentation with me, address the judge as Sir/Madam but it if you could point me towards any threads that explain what will happen and any cases I should review that would be fab.

Thanks as always for your help

LLL

[mystery1]

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

http://www.legalbeagles.info/forums/...724#post436724

Should help.

M1

[lowlowlola]

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

Just had an odd letter from my friends at drysdens asking me to provide a copy of the n244 ? To be fair I only enclosed the one copy in my pack but emailed Northampton straight away with electronic copies when I realised my error which they acknowledged and said was fine ! I will of course send them the information but what obligation do I have and what time frame is reasonable or have I messed it up ??

[lowlowlola]

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

<sub>can any one help? I havent slept all night I am so worried that I have lost the case before I have even started due to not putting paper copies in the envelope. Debt is such a lonely place , I really don't have anyone I can talk to about this at all.

Thankyou</sub>

[Amethyst]

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

Oh god, really don't worry, just stick a copy in an envelope and post it over to them. There is no requirement to do so when you make an application so you've done nothing wrong at all.

[Amethyst]

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

So your applications being heard first week of July?

Hopefully Drydens will come up with the documents before then. I'd expect you will receive a witness statement from them a few days before the hearing, if they want to continue.

[lowlowlola]

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

Thanks amethyst , you have been so kind and helpful through all of this horror. Am I right in saying that if they do come up with the documents then I still attend the hearing and ask for time to file my defence ? If they don't then the judge will give then 14 days to do so and then I get my defence in ?

[Amethyst]

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

If they come up with the documents before the hearing then you'd ask to vacate the hearing and agree a defence filing date with the other party, get your defence in and costs of the application would be added to the final costs if you win in court, or ask for them as wasted costs if they pull out.

[lowlowlola]

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

Thank you . This is all just so stressful, 8 years on from getting into a mess I still feel like I am battling constantly . Yes I made a mistake but I paid back every penny I owed what i am being hounded for now is interest and charges , and not by the original creditor . I am just exhausted by it all. My advice would be to think very carefully before going down the dmp route , it is a short term breathing space you are better off going down this route as it will be over sooner ccj or not . Sorry very down about it all today

[lowlowlola]

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

My N244 hearing is in the next few days , no documents have been supplied as yet and I am starting to get very anxious and your advice would be appreciated .

I am worried that I may have made a wrong move as judges seem to be dismissing this tactic lately and stating that documents only need to be disclosed once a defence has been submitted. I have read through the guidelines (and a number of cases on here )and understand that if my case hasn't been allocated then CPR 26 applies as does the basic premiss of natural justice I.e that I have the right to inspect documents prior to entering a defence .It all seems simple but I am really getting into a state about all this .....my main concerns are:

• costs .. If this goes against me what can they ask me to pay is it only the£ 120 solicitors fee for their representative attending or could I be liable for more?
• Last minute disclosure ... If they send papers at the last minute where do I stand , how do I ask the court to vacate the hearing. I understand that sometimes the judge doesn't agree to vacate and again would I be liable for costs over and above the £120
• extension for disclosure ... What if capquest ask for additional time for disclosure ? do I have any recourse for objection noting I have been asking since February and Drysden fair fax in their pre action letter stated they had the documents. What should I prepare to say?
• Talking to their solicitor .. What do I do? Am sure they will try and talk to me before going to the judge but I don't know what I should do say ?

I realise all this seems silly and foolish but the closer it gets the more terrified I am, I have no one to talk to about this and no one to come with me to court. no body in my life knows what I have struggled with on my own over the last 8 years , they have no idea , I genuinely can't tell anyone. I thought I had crawled my way out of it all and this is such a low blow. Your help and reassurance is much appreciated .

[mystery1]

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

http://www.legalbeagles.info/forums/...724#post436724

Should help.

M1

Aside from the above, there is a requirement for contracts to be attached to a claim form outwith the MCoL so any comment that defence first should be met with the above and http://www.justice.gov.uk/courts/pro.../pd_part16#7.1

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).


These show the courts do contemplate inspection before defence.

Also http://www.legalbeagles.info/forums/...arter-v-Dibble and there was another a few days back which i forget. It can and does work as it should, just not always.

M1