Debt of 8 years old and have just had a CCJ put on my file.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I have had nothing at all. They now have my address when i sent the change of legal form to them and the courts but no nothing. Thats why i am wondering if i did something wrong by not contacting Cabot via phone to ask for evidence but i remember reading in this forum that once they have a ccj against you, do not have to provide you with any ??

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I have had nothing at all. They now have my address when i sent the change of legal form to them and the courts but no nothing. Thats why i am wondering if i did something wrong by not contacting Cabot via phone to ask for evidence but i remember reading in this forum that once they have a ccj against you, do not have to provide you with any ??

Never phone the likes of Carboot about anything!
If they have not provided a copy of the agreement
requested the debt is unenforceable in court so don't chase it.
The CPR request can be chased though.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

CPR 31.14 ?????

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

CPR 31.14 ?????

Sorry John thinking about other thing forget that one.

The information you need to gather is that which will
support your belief that the debt was statute barred before
the claim was issued, statements, date of last payment, default
date etc.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Nem. I have no written documents as the debt is so old. I phoned Halifax up this week and they confirmed it defaulted in May 2007 but they wont send out written confirmation as they already did this in 2007. They sent out all other documents to Cabot in 2007. :-(

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear all,

Went to court today and the judge has set aside. Cabot's legal person came along and was really helpful to me. The judge said that I am to receive copy of papers by Cabot by 9/2/16 . I am then to file with court and send in post to Cabot a defence to Cabot by 23/2/2016.

Cabot's defence scribbled down on some note paper the words CPR 15 and 16 and N9 Form and gave it to me. Any suggestions what these three forms are and what I do with them would be gratefully appreciated.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Well done John. N9 is the defence form, and CPR 15 is the defence - CPR 16 is what needs to be contained in the defence, nice of him to give you help like that -

15.6 is content of defence https://www.justice.gov.uk/courts/pr...es/part16#16.5

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So CPR 15 and 16 is not a form then but just the contents of defence within N9 ??

It was a her by the way and even she said Cabot were out on a limb :-)

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Or is it a claim for money owed due to use of solicitors costs and £155 cost due to original court paperwork ??

Sorry for being dim but I am so relieved to have just getting the CCJ taken off.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

N9 is the 'response' pack which contains the acknowledgement of service and the claim form - > http://hmctsformfinder.justice.gov.u...s/n009-eng.pdf

CPR 15 and 16 are the 'rules' around the defence - https://www.justice.gov.uk/courts/pr...es/part16#16.5 and https://www.justice.gov.uk/courts/pr...l/rules/part15

Are we still working on the statute barred defence ? And did we sent a CCA request at all to the claimant ? This is a loan isn't it ? possibly incorporating an old overdraft ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Very much so statute barred. Now 9 years old and even the judge looked on in surprise when I said I have not received any correspondence what ever . Was hoping that it was going to get thrown out but at least if I do things correctly, then I can get rid of this once and for all.

- - - Updated - - -

Did not send a CCA request out to the claimant for the loan but did send out a 'notice of change of legal representative', with my current address included.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Okay, now you have had the claim set aside you should send a CCA request for the loan to the Claimant. That will help bolster your defence. http://www.legalbeagles.info/forums/...y-of-Agreement

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So a CCA request and a N9 form ???

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Nope for now just the CCA request.

The N9 for be when you file your defence

The judge said that I am to receive copy of papers by Cabot by 9/2/16 . I am then to file with court and send in post to Cabot a defence to Cabot by 23/2/2016.

SOunds like the judge has ordered documents anyway but the CCA request will give you a bit extra to rely on. The court should send you the Judge's orders in writing in the next week anyway - do you recall if he gave any sanction on the receipt of documents ( ie is their claim struck out without notice if they fail to comply with the 9th date ? )

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Yes the judge did order the documents but no in regards to the sanction on the receipt of documents. I did ask twice though about if they could not get this to me and twice he did not reply to the question.