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

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  • #91
    Re: Debt of 8 years old and have just had a CCJ put on my file.

    Dear Amethyst.

    Looking at the template for example defence. Again it sounds silly but I do not know when I received the claim from the court. Is it from the very first letter that was sent to me from Colchester Court back at the beginning of December issuing a date to go to court, or the one from Chesterfield Court issuing a date to go to court or the final letter that was sent to me this week from Chesterfield Court ??


    EXAMPLE DEFENCE



    -----------------------------------------------------------------------------------------------1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

    Comment


    • #92
      Re: Debt of 8 years old and have just had a CCJ put on my file.

      Dear Amethyst. I am going to go with the only claim I received which was via Wright Hassle on the 9th of this month. This gives the original date of last year but I never received. Have put down on my defence letter as receiving it on the 9th as this is when i first saw the claim.
      Attached Files

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      • #93
        Re: Debt of 8 years old and have just had a CCJ put on my file.

        Bump

        Comment


        • #94
          Re: Debt of 8 years old and have just had a CCJ put on my file.

          bump

          Comment


          • #95
            Re: Debt of 8 years old and have just had a CCJ put on my file.

            Originally posted by john45uk View Post
            Dear Amethyst. I am going to go with the only claim I received which was via Wright Hassle on the 9th of this month. This gives the original date of last year but I never received. Have put down on my defence letter as receiving it on the 9th as this is when i first saw the claim.
            Good evening John looks good to go imo!

            nem

            Comment


            • #96
              Re: Debt of 8 years old and have just had a CCJ put on my file.

              Many thanks

              Comment


              • #97
                Re: Debt of 8 years old and have just had a CCJ put on my file.

                Since going to court on the @ 11th of Febuary today I have recieved some more documents from the courts. This is really dragging now. Anythoughts would be gratefully recieved on whether I should go for mediation or progress it further and back to the courts ??

                ie

                Question C1 yes or no ????
                Attached Files

                Comment


                • #98
                  Re: Debt of 8 years old and have just had a CCJ put on my file.

                  Since going to court on the @ 11th of Febuary today I have recieved some more documents from the courts. This is really dragging now. Anythoughts would be gratefully recieved on whether I should go for mediation or progress it further and back to the courts ??

                  ie

                  Question C1 yes or no ????

                  Comment


                  • #99
                    Re: Debt of 8 years old and have just had a CCJ put on my file.

                    C1 - Yes - you want it in small claims. You will still be able to ask for the costs of the set aside application in small claims. You can try for the solicitors costs ( if they back out you'll have to ask for wasted costs - although if they do discontinue it might be wise to swallow those ).

                    Mediation its is wise to say yes, and if they still produce no documents or evidence the debt isn't stat barred you can just tell the mediator that and it won't go ahead. Just having a look at the defence - you haven't mentioned that the debt is statute barred in it ? so you will need to bring that up in witness statements if you get to that stage.

                    Have you had anything else from the claimant at all other than the copy docs ?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


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

                      Thanks for getting back to me. In statement 3 of my defence, it says that if a debt exists then it would be statute barred.
                      The last letter I received was on the 23rd of February confirming that regarding my request for information on the account, they confirm they do not hold all my information on file, therefore have requested a copy of original statement. The account is on hold whilst they await this information.

                      Shall I tick A1 yes then and C1 yes also ????

                      Many many thanks

                      John

                      Comment


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

                        Dear Amethyst,

                        I received a letter from the courts today ( 14/05/16)

                        It does seem like I have to start all over again ?? Should I apply again to the courts to set it aside / varied / stayed ?

                        What happens if I don't apply to the courts for the above and just wait for the claimant ( CABOT ) to find those elusive default notices from 2007 ?

                        Many thanks

                        John
                        Attached Files

                        Comment


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

                          Originally posted by john45uk View Post
                          Dear Amethyst,

                          I received a letter from the courts today ( 14/05/16)

                          It does seem like I have to start all over again ?? Should I apply again to the courts to set it aside / varied / stayed ?

                          What happens if I don't apply to the courts for the above and just wait for the claimant ( CABOT ) to find those elusive default notices from 2007 ?

                          Many thanks

                          John
                          Hello John,

                          The simple answer is if you don't comply as ordered the court will or Cabot can enter judgement for the claimant.
                          If Cabot fails to serve the documents ordered by the judge, the judge can strike out the claim.

                          nem

                          Comment


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

                            Thanks for the simple answer. Knowing that the debt is over 9 years old should I bother to apply to have this order set aside or stayed ?

                            If I do apply, do I want it set aside or stayed ?

                            And thirdly, what form would I use to send this application to the courts.

                            John x

                            Many many thanks

                            Comment


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

                              Originally posted by john45uk View Post
                              Thanks for the simple answer. Knowing that the debt is over 9 years old should I bother to apply to have this order set aside or stayed ?

                              If I do apply, do I want it set aside or stayed ?

                              And thirdly, what form would I use to send this application to the courts.

                              John x

                              Many many thanks
                              Form N 244.
                              You have court order setting out what both parties must do by a specified date:

                              The claimant has been ordered to file documents by 1st June, you then have 14 days to (If necessary) amend your defence.

                              When did you receive the order? You had 7 calendar days to make the application mentioned in the order.

                              nem

                              Comment


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

                                Hi
                                Thanks for for your reply.
                                The letter I received was dated the 12th May. and I received it on the 14th May.

                                Many Thanks.


                                John.

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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