Howard Cohen - CCJ Claim form received

[t2710]

I will submit a new post filling in the relevant form when i have the claim form in front of me with the details, but just a quick question.

I have read the steps to take if you receive a claim form and noticed that you can make some requests for disclosure. I was just wondering what you would hope you achieve in doing this? (My particular claim form relates to a santander loan)

Thank you

[FlamingParrot]

Re: Howard Cohen - CCJ Claim form received

Welcome aboard

I will submit a new post filling in the relevant form when i have the claim form in front of me with the details, but just a quick question.

I have read the steps to take if you receive a claim form and noticed that you can make some requests for disclosure. I was just wondering what you would hope you achieve in doing this? (My particular claim form relates to a santander loan)

Thank you

To see what documents they have to back up their claim, such as the credit agreement (CCA), the default notice and, if relevant, a notice of assignment. It may well be that you never signed an agreement or it didn't have all the terms, making the account unenforceable. The law also says the creditor should issue a default notice in a certain format, giving you at least 14 days to remedy the breach, these notices are often defective.

If the debt has been sold, there should also be proof of assignment to show the claimant has the right to take you to court over this debt.

If you were submitting a money claim against someone who allegedly owes you money, you'd be expected to back up your claim with documents such as invoices, etc., the same applies to anyone who submits a claim.

The other request you can send is a CCA request to the claimant, under s.77 of the CCA. Failure to comply with such a request can also render your account unenforceable, albeit only temporarily, i.e. while they are in default. The can remedy the breach by providing the documents.

[t2710]

Re: Howard Cohen - CCJ Claim form received

Thank you. So could these effectively buy be more time to pay off the debt before a ccj was put on my file permanently? I know that it is removed if paid within 28 days but I know I won't have all the funds within that time.

[FlamingParrot]

Re: Howard Cohen - CCJ Claim form received

Thank you. So could these effectively buy be more time to pay off the debt before a ccj was put on my file permanently? I know that it is removed if paid within 28 days but I know I won't have all the funds within that time.

Actually, the intention is more along the lines of establishing whether you could successfully defend this claim rather than just buying time. One way to avoid a CCJ would be via a Tomlin Order, whereby proceedings would be stayed as long as you kept up agreed monthly repayments. That means you wouldn't have to make a lump sum payment to avoid a CCJ, however, we still have some way to go before reaching that stage.

CCJs are not on file permanently, just for six years. Long enough to cause detriment, of course.