issued a ccj on a statute barred debt, need advice please.

[leroy1985]

so i got issued a ccj from the court, northampton, lowell, im pretty certain its statute barred as the last time i payed was a token paymeny 6 years ago, can i defend it using this, i currently live with my parents and am unemplyed atm so cannot afford to pay it back atm anyways.

any advice on what to do next would be much appreciated, thx

[MIKE770]

Re: issued a ccj on a statute barred debt, need advice please.

CCA Request || CPR 31.14 Request


CCA1974 REQUEST WITH £1.00 postal order to lowells then cpr31.14 to Solicitors - no charge

SAR the owners, bt the way you do not say if bank account/credit etecetc etc

[leroy1985]

Re: issued a ccj on a statute barred debt, need advice please.

Hi thx for you're time firstly, it's for a loan with capital one, so credit card. It's for 550 pounds about. Im currently not employed and can literally not pay them anything.

So Is the very first step I should take is to acknowledge the ccj and say I'm going to defend it I take it ? As I only have 14 days and sending those letters is going to take a while

[MIKE770]

Re: issued a ccj on a statute barred debt, need advice please.

no CCJ until/if it gets to court and court awards it, meantime do as advised do not admit anything, it is all alledged at this stage! loan or credit bit confusing above?
send the letter to-morrow post haste no hanging around!

other will also advise? [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]

[leroy1985]

Re: issued a ccj on a statute barred debt, need advice please.

But i have 14 days to tell the court I'm going to defend it, I'm worried they won't respond and if I don't say I'm going to defend it then they will rule against me ?

I have 2 letters asking to defend or admission, you're saying I should ignore that and await them to reply to my letters ? I just want to be clear that's all, don't want to mess anything up.

Thx

[MIKE770]

Re: issued a ccj on a statute barred debt, need advice please.

you put in a defence limited info as not had paper work request Defence Example , do not miss the filing date, sure others will advise best fence so hang on help requested. await to submit a defence look next para got a feeling you have not followed court system via MCOL see below.

[warwick65]

Re: issued a ccj on a statute barred debt, need advice please.

Hi Leroy
I had a claim against me recently
Step one to be done urgently is acknowledge the claim , all you do is tick the acknowledge and defend in full, don't go putting anything else in the boxes

That must be done within 19 days of the date on the claim form but the sooner the better

Then send a CCA request to lowell ( copy the solicitors in, I think the cpr 31.14 request includes a line about haveing sent a cca request ) and a cpr 31.14 request to the solicitors for documents mentioned in the claim

You then have a total of 33 days from the date on the claim form to get the defence in

In the meantime
Can you type out the details of the claim - the particulars of claim

When was the account opened

Is it a loan or a credit card

The acknowledgment of service should look like this N9 Response pack.pdf

Obvioulsy I have removed all my details

[MIKE770]

Re: issued a ccj on a statute barred debt, need advice please.

Have you been on MCOL and registered and state defend all no admission??/ priority

[warwick65]

Re: issued a ccj on a statute barred debt, need advice please.

Leroy
I should have said
As long as you get the acknowledgement in on time and your defence in on time only the court can issue a ccj, no one else even though they might want you to think they can

[leroy1985]

Re: issued a ccj on a statute barred debt, need advice please.

Credit card it was. Capital one, not loan trying to understand what's the postal order for I've never even seen one, do I need to write the postal order out to lowell ?

Thx so much for you're time guys. So tomorrow I'm going to acknowledge and defend, then I'll send the letters asap. I appreciate the specific steps as I'm not very savvy with all this legal stuff and it gets confusing . Cheers guys, I'll update tomoz, got work all day so gonna be a pain doing all this, only temp cash in hand work no one needs to no about lol

[warwick65]

Re: issued a ccj on a statute barred debt, need advice please.

You get a postal order from the post office and either ask them to make it payable to the claimant or write their name yourself . make a copy of the postal order and keep the counterfoil or receipt. Some people say write on the back for statutory purposes only but as they dont keep them I see no point , just make it clear in your request that it is the statutory payment.

[leroy1985]

Re: issued a ccj on a statute barred debt, need advice please.

do I just write lowell or specific name and adresss, when you say make clear in my request , you mean on the postal order or to the post office lady dealing with it, like say to her it's for a statutory payment ?

Sorry you're gonna have to be a bit patient with me lol I know I sound dumb. I just like to make sure I fully understand everything I'm being told

[leroy1985]

Re: issued a ccj on a statute barred debt, need advice please.

I'll update with the particulars tomoz guys as requested.

[warwick65]

Re: issued a ccj on a statute barred debt, need advice please.

No need to apolgise

On the claim form it will say the name of the claimant , at a guess it's lowell portfolio (1)
Just ask for a postal,order for £1 ( it will cost a bit more, not sure about 70p extra) If you are asked who to make it payable to just tell her the name on the claimform.

You will probably have had letters from lowells , send the cca request with the postal order by Royal Mail signed for (keep the receipts) to the address on the letters. It should cost about £1.60 first class, they might try to sell you guaranteed delivery which costs about £6 and is not needed.

Make sure you acknowledge the claim with the 19 days from the date on the claim form, sooner the better.

we will wait for the rest of the details.

[Diana M]

Re: issued a ccj on a statute barred debt, need advice please.

SAR the owners

The Subject Access Request should be sent to the original creditor and not the current owner of the debt.

Di