Received CCJ Claim Form

[ralph1978]

Re: Received CCJ Claim Form

Hi Capquest has finally got back to me with my request for CCA which is just a credit agreement with my name address on it that's been printed out with no signatures on it whatsoever, that arrived this morning and I filed my defence like 31st May, is there anything that they can do now? as they didn't respond to my request in time also having this generic credit agreement?
thank you

[MIKE770]

Re: Received CCJ Claim Form

redact it (remove personal name/address on a copy) and post up on here - sounds like a reconstruction of what it might have looked like?

[ralph1978]

Re: Received CCJ Claim Form

ok how do I do that? do I take a picture of it in my phone and then upload it?

[MIKE770]

Re: Received CCJ Claim Form

can do but send it to [MENTION=49370]Kati[/MENTION] she can redact it for you and post it

[charitynjw]

Re: Received CCJ Claim Form

If you have problems uploading, you could send them to our [MENTION=49370]Kati[/MENTION].

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

[Kati]

Re: Received CCJ Claim Form

can do but send it to @Kati she can redact it for you and post it

If you have problems uploading, you could send them to our @Kati.

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

yep you can always email it to me [MENTION=73434]ralph1978[/MENTION] ... but try to include a link to this thread so I can find it easily xx

[ralph1978]

Re: Received CCJ Claim Form

ok thank you I will do that

[Kati]

Re: Received CCJ Claim Form

....

[ralph1978]

Re: Received CCJ Claim Form

Thank you very much Kati

[ralph1978]

Re: Received CCJ Claim Form

Hi [MENTION=3599]MIKE770[/MENTION] what did you think of the CCA that was sent to me by Shop Direct?

Cheers

[ralph1978]

Hello I wonder if somebody could help me, I have just received a Notice of transfer of proceedings to my local court to have the stay lifted. The reason for this is that they 'Response believe that I do not have a realistic defence to the claim, and say I have no reasonable grounds for defending the claim. The claim was originally stayed because they couldnt' supply me with a signed credit agreement and also the debt is over 6 years old and statute barred. I' a bit unsure now on what to do about defending the claim at my local court do I just attend the hearing and tell them that the debt is statute barred?

[Kati]

tagging nemesis45 warwick65 Diana M

[Amethyst]

Did you receive a copy of their application to lift the stay as well as a notice of transfer of proceedings ? Have you got a hearing date ? You will likely want to make submissions in response to the application.

Also the particulars of claim said the debt was with NEXT ? ( just read the first page of the thread )
Ahh okay going through further there are a few claims on this thread

This new claim is for a Shop Direct account assigned to whom (Claimant) with Restons solicitors instructed?

The other claim on this thread is for a Shop Direct account assigned to Capquest (Claimant) with Drydens solicitors instructed.

There was another claim at the start of this thread but that appears to be currently stayed.

Which one is this for ? Restons / Capquest & Shop Direct account ?

[Diana M]

I have just received a Notice of transfer of proceedings to my local court to have the stay lifted. The reason for this is that they 'Response believe that I do not have a realistic defence to the claim, and say I have no reasonable grounds for defending the claim. The claim was originally stayed because they couldnt' supply me with a signed credit agreement and also the debt is over 6 years old and statute barred.

From what you say this may be an Application for a Summary Judgment to strike out your Defence.

If the Application was only to lift the stay and continue with the proceedings then that could be dealt with by NCCBC and you would be sent a Directions Questionnaire to complete.

Call the court which sent you the Notice of Transfer (NCCBC or your local county court?) and ask them to clarify the situation.

It may be that the Claimant has made an Application for a SJ to be heard without a Hearing and not served you with a copy of their Application and Witness Statement. If so you need to see it and any evidence which they have now produced (if they have).

Di

[nemesis45]

Hello I wonder if somebody could help me, I have just received a Notice of transfer of proceedings to my local court to have the stay lifted. The reason for this is that they 'Response believe that I do not have a realistic defence to the claim, and say I have no reasonable grounds for defending the claim. The claim was originally stayed because they couldnt' supply me with a signed credit agreement and also the debt is over 6 years old and statute barred. I' a bit unsure now on what to do about defending the claim at my local court do I just attend the hearing and tell them that the debt is statute barred?

Hi,

Have you now received the agreement or a compliant reconstituted one?
When you say the alleged debt is over 6 years old, do you mean from the time the account
was defaulted/closed?
Statute Barred:- the relevant 6 year period may start at different points depending of the type of account.
The debt would have to be statute barred on or before the claim was issued, as the 6 year clock stops on the date
a claim is issued.

So please give us the history of the debt.

Account type.

Original Creditor.

Amount Claimed.

Default Date.

Please also type in the particulars of claim without account numbers and any personal info.
nem