CCJ Summons received.

[Amethyst]

Re: CCJ Summons received.

lol, it's okay. You could just put a defence in saying ' I don't know what this debt is and the claimants haven't sent me any information about it' and you'd probably get the same response from the court to be honest, but the more you put in now (ie s.78 non compliance) the less amendment needed later.

So after defence goes in it gets sent to the claimant and they have 28 days to tell the court if they wish to proceed.

If they don't respond then the case gets 'stayed' and hangs about for 6 months, or you apply to strike it out.

If they do, then you both get sent directions questionnaires, they have to pay a fee, and the court allocates the claim to a track and sends all the paperwork off to you local court who will then issue directions or give you a hearing date.

In amongst there if you both tick the mediation box, you get a phonecall about mediation where you say you can't really mediate as they haven't sent you any documents and you don't know what the debt is.

Sometimes they send you documents, sometimes not.

If they do then you look at them and see if they are complaint with the CCA and valid as evidence you owe the debt, then if they are you negotiate, if they aren't then you amend your defence to state why they still can't claim the debt from you, if they are borderline then you use that to negotiate a better outcome than a CCJ and a payment order.

So then possibly you get to a hearing date - if they have sent documents then you defend based on those as above, if they haven't then you argue the court why you need the documents, about the CCA compliance and the court mostly gives the claimant time to come up with the documents else they get struck out (or stayed).

You don't need to tell the Judge his job but he needs to know what you are relying on in your defence, if you don't plead for instance non compliance with the CCA then you'd have to amend to add it in later else you can't be arguing it in court as you haven't pleaded it before (quite often they allow it but they can be a bit stroppy)

Don't know if that helps at all or I've just had a ramble on your time lol. xx

[Hheyes]

Re: CCJ Summons received.

lol, it's okay. You could just put a defence in saying ' I don't know what this debt is and the claimants haven't sent me any information about it' and you'd probably get the same response from the court to be honest, but the more you put in now (ie s.78 non compliance) the less amendment needed later.

Thanks. That's basically what I was trying to do, without writing stuff that I don't understand, or isn't acceptable to the court. :-)

So after defence goes in it gets sent to...

Thanks for the explanation of the procedure.

You don't need to tell the Judge his job but he needs to know what you are relying on in your defence, if you don't plead for instance non compliance with the CCA then you'd have to amend to add it in later else you can't be arguing it in court as you haven't pleaded it before (quite often they allow it but they can be a bit stroppy)

Ah... right, so I need to include:

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6 The Claimant has therefore failed to comply with my request and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

7. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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Do I also need to include the points 8-9 of 'without documentation I am unable to plead fully to the claim' and 'relevant documents are received from the Claimants I will then be in a position to amend my defence'.

Don't know if that helps at all or I've just had a ramble on your time lol. xx

It helps a lot - genuinely appreciated. Thanks.