Should i defend this ccj claim?

[cliveminion]

Hi,
Last week i received a claim form for a credit card debt i ran up a few years ago. I don't whether to try and defend it or not because i know i do owe most(if not all) the money (£8,895.02!!!) My reason for wondering if i should defend it is because the middle of October i received a letter from Cabot offering me a reduced settlement offer of £3,558.01, i was literally about to leave for Chile the next day to work away so i stupidly decided to sort it when i got back. Big mistake. Next thing i received was the County court claim form, no warning letter in between? Is that correct? I've responded online yesterday that i wish to defend part of the claim (again i think i've messed up here but i'm sure the balance is at least a few hundred more than i remember) Do i defend this or just admit i'm an idiot, offer to pay in installments and accept the CCJ? Any advice or help would be great. Thanks

[nemesis45]

Re: Should i defend this ccj claim?

Good afternoon, welcome to LB.

For Clarification please

1. Have you acknowledged service of the claim,? If not do so immediately at Money Claim Online (MCOL) at this point state intention to defend only.
2. Send Cabot a Request under sect: 77/78 of the Consumer Credit Act 1974 ( CCA Request) there is a £1 statutory fee for this, use a cheque or poatal
order endorsed " For Statutory Fee Only" Cabot has 12 + 2 Working Days to comply, send by signed for post
3. A request made under the provisions of Civil Procedure Rule 31.14 for all the documents mentioned in the Particulars of the Claim no other documents
can be requested. This goes to which ever solicitors for rent Cabot are using. Templates in the forum library. Use signed for post.

Once this is done please give us some history of the debt e.g. Date opened, date defaulted/ last payment etc.

nem

[cliveminion]

Re: Should i defend this ccj claim?

I'm currently sat at the computer writing the letters out. On the claim form the claimant is listed as MFS portfolio limited. Does this mean Cabot have signed the debt over to them?
Also not sure what documents i should be asking for. The particulars of claim are as follows:
The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and Halifax dated on or about jun 19 2003 and assigned to the claimant on june 29 2015 Particulars account number *************
Date 10/11/2015 default balance 8895.02

[nemesis45]

Re: Should i defend this ccj claim?

I'm currently sat at the computer writing the letters out. On the claim form the claimant is listed as MFS portfolio limited. Does this mean Cabot have signed the debt over to them?
Also not sure what documents i should be asking for. The particulars of claim are as follows:
The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and Halifax dated on or about jun 19 2003 and assigned to the claimant on june 29 2015 Particulars account number *************
Date 10/11/2015 default balance 8895.02

MFS = Marlin Financial Services a debt purchaser within the Cabot empire.
CPR 31.14 request: Ask for the " contract " and Notice of Assignment.

nem

[cliveminion]

Re: Should i defend this ccj claim?

Ok, so i sent the letters out on the 14th. Its now time to write my defense out but I haven't heard anything back so i'm unsure what to write. Hope somebody can help

[Kati]

Re: Should i defend this ccj claim?

[MENTION=55034]nemesis45[/MENTION] will be able to advise .... have you looked at the template defenses here on LB (http://www.legalbeagles.info/forums/...t-Court-Claims)??

[nemesis45]

Re: Should i defend this ccj claim?

Ok, so i sent the letters out on the 14th. Its now time to write my defense out but I haven't heard anything back so i'm unsure what to write. Hope somebody can help

Hello Clive, I'm away from home tonight, but will be on this for you when I get back.

nem

[cliveminion]

Re: Should i defend this ccj claim?

Thank you, i appreciate it

[spirit2534]

Re: Should i defend this ccj claim?

Ok, so i sent the letters out on the 14th. Its now time to write my defense out but I haven't heard anything back so i'm unsure what to write. Hope somebody can help

Others more experienced than I may care to comment but I think that you should always defend any CCJ claims.

1. It cost nothing other than your time.
2. You never know what can come out of the woodwork, a lot of CCJ claims by Debt Purchasing Companies (eg Cabot) are "kite flying " exercises, they often don't have the paperwork so rely on getting default judgements.

[cliveminion]

Re: Should i defend this ccj claim?

I do intend to defend it. my issue date is dec 2nd, when do i need to get my defense in?

[nemesis45]

Re: Should i defend this ccj claim?

I do intend to defend it. my issue date is dec 2nd, when do i need to get my defense in?

28 calendar days from date of issue.

nem

[cliveminion]

Re: Should i defend this ccj claim?

So i need to get my defense in today then? Damn i thought i had 33 days for some reason! Right, time to get my ass into gear then but where do i start??

[Kati]

Re: Should i defend this ccj claim?

28 calendar days from date of issue.

nem

So i need to get my defense in today then? Damn i thought i had 33 days for some reason! Right, time to get my ass into gear then but where do i start??

I thought it was 33 days from issue/28 days from receipt :noidea:

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

[Kati]

Re: Should i defend this ccj claim?

You'll find example defence here - http://www.legalbeagles.info/forums/...t-Court-Claims ... have a play around and post up what you come up with xx