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

[Amethyst]

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

Ok, if they do fail to comply you can make an application to the court to have their claim struck out due to their non complaince with the court order - although that's another £50/£155 application.... so think about that after the 9th, hopefully you'll get the order in the post before then.

[john45uk]

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

Many many thanks.

[john45uk]

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

And by the way, he asked about the costs that were incurred by myself on this case, and I replied £550 initial solicitors fees and is awarding me those costs. Dont know at what point I will get that back ???

[john45uk]

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

these are the documents that I received this morning. no details are given about the dates etc of the debt. :-(

[charitynjw]

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

This could help

https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

[Amethyst]

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

Right ok, so your claim has now been reset to the beginning, so need to treat it like it is a new claim... That is a copy of the original claim form so therefore you have to now submit your defence ( by 23/2/2016 according to the order )

Did you already send CPR and CCA requests ? If not do.

I'm going to read back the beginning of the thread.

[Amethyst]

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

Thought so -

In 2006 I had a loan which I could no longer pay

- so your defence is on statute barred Send the CCA request ( if you haven't already) and then you can use the lack of credit agreement as well as statute barred.

We'll give you a hand with it okay.




CCA Request

Don't worry about the CPR request their POC is so dire there's not a lot of point, and you're already allocated.

[john45uk]

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

Dear Amethyst

In the claim form, it says to send documents and money to Wright Hassall LLP. Should I ignore this and send the request to Cabot still ??

I am still awaiting for the documents from the courts. Phoned on Monday but they said it takes five working days for the courts to process. Is there any way I can move forward or shall I await for the forms ???

[john45uk]

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

Starting to understand things a bit better now. Phoned up the courts this morning and the receptionist was very good and made things that bit easier to understand. I now know that I do not need to fill in an n9 form but can just write out my defence on an A4 piece of paper. I will want to make a counter claim for the initial bulk court fee for 155 pounds and 500 pounds in previous solicitors fees and am willing to pay that for the counter claim.

[john45uk]

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

I have sent the CCA request today and sent it to Cabot directly.

[Amethyst]

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

Dear Amethyst

In the claim form, it says to send documents and money to Wright Hassall LLP. Should I ignore this and send the request to Cabot still ??

I am still awaiting for the documents from the courts. Phoned on Monday but they said it takes five working days for the courts to process. Is there any way I can move forward or shall I await for the forms ???

Sorry john I missed this post. Yes as you figured out correctly, the CCA request goes to Cabot

Starting to understand things a bit better now. Phoned up the courts this morning and the receptionist was very good and made things that bit easier to understand. I now know that I do not need to fill in an n9 form but can just write out my defence on an A4 piece of paper. I will want to make a counter claim for the initial bulk court fee for 155 pounds and 500 pounds in previous solicitors fees and am willing to pay that for the counter claim.

I don't understand about the counterclaim. Those costs have been awarded to you by the court haven't they ? You should get that in writing from the court. And payment of those costs should be made to you within 14 days from the order. There's no need to counterclaim.

You can write out your defence, or indeed type it out and email it the the court. Make sure you put your claim reference, and both parties names on the header of the defence, and put a statement of truth at the end.

[john45uk]

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

received the order from the judge this afternoon. it doesn't state the costs in the case. this is why i wondered whether I now had to make a counter claim.

[Amethyst]

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

It does say '4: Costs in the Case' which means that the costs of the application will be paid by the side which loses the trial overall. So you'll have to win the whole kaboodle before you get your costs.


Also it does only state the file copy of the claim form. If that's all the papers in the case that's all they have to send ( to comply)

So it is literally starting from scratch as if you just received the original claim form.

[john45uk]

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

oh dear :-(

[Amethyst]

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

Well you should start doing your defence... base it on no compliance with the cca request and statute barred debt for now and you can amend if things change before you have to file and serve before the 23rd.