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

[skilganon]

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

No not at all.

I didnt think so , what made me ask is the opening sentence in the paperwork sent by the court

" judge Hugman has considered the statements of case and questionnaires filed " ????

[lowlowlola]

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

I am going to call the court in the morning but I don't think it makes any difference really

[lowlowlola]

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

I called the court this morning am even more perplexed.


They told me that I didn't need to be sent a directions questionnaire , that it was up to the judge and that my case was with the listings manager and would be allocated a date "soon" . I then asked if they had heard from the claimant at first she said "no" and then said " oh wait, they asked for further directions on 15th October " I then said have they sent directions in as I have not received anything , she fudged that one and repeated " it's up to the judge , you don't need to see the other sides directions " ???? Am at a loss really , it all seems very underhand . I feel like i have been intentionally put on the back foot by drysden.


All I can do I guess is get the witness statement done. Do in put in the statement that I have heard nothing from the claimant despite them being in contact with the court . ?

Grrrrrr bad start to the day !!!!!

[Amethyst]

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

Yes - you haven't heard from the Claimant and you need to state that in your witness statement - particularly in case they have told the Judge they have agreed these directions with you.

[lowlowlola]

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

Thanks amethyst xxx

[mystery1]

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

Don't worry about allocation. The judge can allocate if they feel they have enough info. It's in CPR 26 and cpr 3.

Can you give a summary of events please with pocs defence etc.


M1

[lowlowlola]

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

Thanks M1
This is a summary of where I am at

• Claim for 9K in respect of a CC taken out in 1999
• Claim date 18^th Feb 2014
• POCs :

the claim is for the sum of £9k in respect of monies owing by the defendent on a credit agreement held by the defendent with lloyds banking group under account number XXXXX upon which the defendant failed to maintain payments

a default notice was served upon the defendant and not complied with
by virtue of sale agreement between lloyds banking group and the claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter

Timeline

• FEB No docs CCA etc put in, unless order sought
• 4^th July Unless Order Heard
• Aug Documents finally sent included:

· Template default notice
· Reconstructed alledged orginal terms and current terms
· Notice of assignment
· Statement of account 2008 to 2011

22^nd Aug Defence submitted. Key areas of defence (all on pg 7 and 8)
1) Default notice dated 7/2 = default entered on Credit file 16/2
2) Template default notice clause did not relate to orginal or current terms
3) No signed agreement
4) Claim not signed by a person (not deal breaker but did mention it)
5) Reconstructed original terms did not include t and c’s present in the original agreement namely a) 0% offer and B) that it was an affiliated card specifically for XXX members
6) No signed agreement presented (pre 2007)
7) That the terms and cons were not with the original ones
8) That the original pre printed application form did not contain the prescribed terms for me to keep

• 22^nd Aug – 3^rd November Nothing not a dicky bird from anyone
• 10^th October called the court they said stayed
• 3^rd Nov directions received - no hearing date allocated
• 11th December witness statement due

LLL

[mystery1]

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

Ok well it's just a case of witness statement and any documents you need to supply.

Witness statement is a story. That story needs to say how you came to be in a relationship with them, what you've done upon receipt and contain the required information to help your defence. It is NOT a skeleton argument. It should compliment both your defence and skeleton arguments (that's further down the line but you should be always thinking of how to tell the court what they need to know from your perspective).

How do you know you never signed originally ? That goes in your WS, the 0% that goes in, the affinity part also goes in.

Wilson v 1st trust, dimond v Lovell etc etc. If anything like that is in your WS rip it up and start again.

M1

[lowlowlola]

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

sorry am doing this in a rush between meetings today - I did sign an agreement, the point is that they have not sent me a copy of the original signed agreement and the reconstructed terms they have provided has holes i.e no 0%, no mention of the affinity. also it was a pre printed application form the t and c's came with the card and i signed an acknowledgement slip and returned it. I can distinctly remember doing it !

thanks - will have a stab at a witness statement at the weekend/early next week and post. 11th december will be here before i know it!

[lowlowlola]

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

ps relationship with them - by that i guess you mean capquest and drysden not the original creditor :beagle:

Thanks so much ... this forum saves my sanity

[mystery1]

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

I mean all of them.

Signatures are not required on a true copy. Some people seem to think an actual copy is needed for court rather than a true copy. I disagree. Court is balance of probability.

They'll say we sent xxxxxx the account was used blah blah. Unless you say differently then a court will probably find on balance you had an account and as they are a big firm it's likely they followed statute. However if you say something different did in fact happen, did not might/perhaps, then a court will need more persuasion from them to counteract your evidence.

The signature argument, for me, is none existent unless you didn't in fact sign a document with all the prescribed terms when the account was opened.

M1

[lowlowlola]

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

that was in my defence, my defence was that when i signed the application form , as it was pre printed the full prescribed terms were not included and were sent to me at a later date together with the card.

Thanks M1 - its all really complex and your comments are really helpful

[mystery1]

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

Yes but your defence doesn't explain how you know that (or it shouldn't). Your witness statement should


http://legalbeagles.info/wp-content/...-horse-ltd.pdf

Nothing to do with your case but it should show why witness evidence is important and the kind of stuff which is totally non legal may be vital.

M1

[lowlowlola]

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

Just an update.

My hearing date came through which is not until the first weeks of march - the claimant however has to pay the hearing fee by 24th November. So that means there will be 3 months between witness statements and the hearing - not sure if this is a good or bad thing? if they dont pay does that mean it is stayed and I dont have to submit a witness statement (wishful thinking ) also if the do comply could they add further evidence between dDecemberand march?

Still not one word from the solicitors or claimant which is frustrating.

will start work on the witness statement this weekend

xx LLL

[mystery1]

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

If they don't pay the court writes to them and gives them 7 days or else.

M1