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CCJ and Confused

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  • CCJ and Confused

    Hi

    on 16th I received a CCJ claim form - the claimant being Cabot with Mortimer operating on their behalf.

    Background

    Took out a hire purchase in 2007 with BCT, things were okay till I fell ill in 2009 and left my employment. payments were inconsistent and I was struggling to clear the arrears.

    Received charges here and there, then in Nov 09 received a notice of termination however I was still communicating with BCT and making payments I could afford trying to clear arrears etc, in Jan and April received default notices and decided to return the vehicle.

    Still in communication with BCT from 2010 - 2013 however couldn't afford the payments and no official agreement was made, then in 2013 August BCT agreed to me paying £5 per month - I was sent a schedule of payments from 2013 - 2197 I was given account details for me to pay by standing order which I committed to and have been paying ever since.

    Turns out my account was sold. no notice ever received of this.
    I had received a few letters from Cabot last year before I moved home. I did call them in 2014 to ask what the letter was about and was told I need to pay them for BCT account but they wouldn't give me any further information as I had not confirmed my details. I never took things further with them and just continued with my payments - looking back I should of followed this up with BCT as now when I try to call them the line as an engaged tone and you don't get through to anyone. I have no idea where my payments are going to - concerned about that.

    I spoke to the solicitors this week and they stated Cabot bought the account ( no date given) and that BCT have not had my account since 2010, which is confusing.

    I aim to acknowledge service asap however not sure whether I opt for partial defence or full defence - what is the difference? what would I be required to do? wondering whether I have anything to really go on.

    In terms of the CCA and CPR, can I use the templates found in the forum for claims - would I need to amend them in certain areas or should I just use them as they are and fill in the gaps?

    Would really appreciate some guidance on this.
    Tags: None

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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.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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