CCJ files against me please help

**charitynjw** · 20th June 2017, 18:03:PM

Re: CCJ files against me please help

Hi Alex

First things first.
Have you acknowledged the claim?

**alex_st_helens** · 20th June 2017, 18:27:PM

Re: CCJ files against me please help

Thanks for the quick reply, so far I have done nothing but post on here I will be sending the letters etc and logging onto the site to acknollege it tomorrow morning in work

**charitynjw** · 20th June 2017, 18:55:PM

Re: CCJ files against me please help

Ok

You should also SAR Vanquis.
If you have not paid into or acknowledged liability (in writing) for the agreement since 2010, it should be well & truly SB.
However, although the Claimant bears the initial burden of proof that it is not SB, it is wise for you to provide the reverse burden (ie proof that it definitely is SB).
Historic bank records will help; if you don't have them, they can usually be obtained from your bank (or the bank you were using at the time) for a small fee.

**alex_st_helens** · 20th June 2017, 19:11:PM

Re: CCJ files against me please help

Thanks I will arrange this tomorrow, should I still send the CCA + CBR to the solicitor and creditor? Also should I dispute the debt to the courts or wait for a response ?

Can I find out what a SAR is as well ?

**charitynjw** · 20th June 2017, 19:19:PM

Re: CCJ files against me please help

Originally posted by alex_st_helens View Post

Thanks I will arrange this tomorrow, should I still send the CCA + CPR to the solicitor and creditor?
Yes.
Also should I dispute the debt to the courts or wait for a response ?
You could send the Claimant's Sols an SB letter, but it would be advisable to get irrefutable evidence first.
https://debtcamel.co.uk/statute-barred-debt/

Can I find out what a SAR is as well ?
See top of this thread. (In the green box).

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**alex_st_helens** · 7th July 2017, 09:32:AM

Re: CCJ files against me please help

I have sent the cca and CPR requests 12 working days ago now by recorded delivery and I have checked the trackers they have both been delivered and signed for but have heard nothing back from either company? What do I do now I have acknowledged the case but still only have till 19/7 the submit a defence and am not 100% about the fact it is statue barred, I have not received my bank statements yet

**Amethyst** · 7th July 2017, 09:36:AM

Re: CCJ files against me please help

Starting point for a defence can be found here http://legalbeagles.info/court/consu...-court-claims/

Most people don't get responses from the claimants on their cpr and cca requests before defending so it is set up for those circumstances.

**Diana M** · 7th July 2017, 09:53:AM

Re: CCJ files against me please help

Originally posted by alex_st_helens View Post

I have sent the cca and CPR requests 12 working days ago now by recorded delivery and I have checked the trackers they have both been delivered and signed for but have heard nothing back from either company? What do I do now I have acknowledged the case but still only have till 19/7 the submit a defence and am not 100% about the fact it is statue barred

If your Defence deadline is 19th July you need to wait until close to the deadline before filing it in case you get a response to your s. 77-79 CCA and CPR 31.14 Requests between now and then.

However you should also consider what other legal arguments you may have to throw into the mix.

If you're considering a Defence of Statute Barred (a) when was your last payment and (b) when was a Default Notice issued (if any) and what was the remedy date of the DN?

Have you received a Notice of Sums in Arrears each year?

Have you considered whether there are any potential assignment issues with the debt and Capquest?

Was there PPI on this account?

Di

**alex_st_helens** · 17th July 2017, 08:44:AM

Re: CCJ files against me please help

I have received a response from capquest over the weekend saying they are requesting the information from vanquis for my cca request. Should I request more time from the court till this is received ?

**MIKE770** · 17th July 2017, 09:06:AM

Re: CCJ files against me please help

No - they know the rules meantime Di has asked you questions, your defence would be lack of requested documents

**alex_st_helens** · 17th July 2017, 09:46:AM

Re: CCJ files against me please help

Sorry for the long response time i thought the questions where points for me to consider but here are the answers

when was your last payment: I am not sure I have been into my bank twice to order old statements but they have still not sent them out but I think it was over 6 years ago
When was a Default Notice issued (if any) and what was the remedy date of the DN? Not sure when if any default notice was issued but i moved a few times over last few years till i got settled again so wouldn't like to use that defence because they could well have sent it and I didn't know. And am not sure what the remedy date is.
I have never received a sum of arrears from them but not sure how long they have had my address
I also don't know what would be an issue with the assignment of the debt , sorry not very clued up on this stuff
Finally no there was no PPI on this card

I will be looking to do my defence tomorrow on the grounds that they have not responded to my requests with the information needed.

If I get the information after I have submitted my defence about the statue barred can I change my defence. Also if I get the info back that it is not statue barred and my defence relies solely on them not responding to me is that a good defence or not. I would rather get a loan and pay in full than get a CCJ but is that even an option any more ?

Thanks for all the help so far

**warwick65** · 17th July 2017, 16:16:PM

Re: CCJ files against me please help

Hi
If you have sent a SAR to vanquis that should show when the last payment was although too late for your defence
The SAR should also say when the DN was issued although when I looked at mine I couldn't find an entry saying when it was sent and what the amount was but someone else saw it

No reason why you can't say it was SB in your defence

Something else to say in your defence is you deny the claimant has the right to bring a claim and put them to proof of this right by producing the Deed of assignment

**alex_st_helens** · 18th July 2017, 16:35:PM

Re: CCJ files against me please help

Low and behold on the last day I have to make my defence a letter comes from the solicitors just to try and make me more confused, it reads:

We Acknowledge receipt of your recent request made pursuant to CPR 31.14.

We would point out that the claim was issued via the County Court Business Centre which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice direction 7E specifically states 'the requirement in 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction'

We would also remind you that CPR 31.14 states-

'A party may inspect a document mentioned in -

a. statement of case
b. a witness statement
c. a witness summary or
d. an affidavit

You would have been provided with a copy of the contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy

Furthermore, the other documents you have requested are not 'mentioned' in the particulars of the claim and therefore CPR 31.14(1) does not apply

Although your letter states that you require the requested documents in order to file a defence/counter claim, we would point out that the particulars of the claim contains sufficient information in order for you to understand what the claim relates to, namely
a) the date the account was opened
b)the account number
c) the outstanding balance
d) the name of the original creditor
e) the fact that the account has been assigned to the claimant and when it was assigned

They also sent another letter replying to the copy of the CCA request saying they would not supply me the original agreement because they was not the creditor (basically didn't read my letter that said I only included the CCA request as reference to what I had sent Capquest)

Do I have a defence as far as I can see they are telling me
1 they didn't provide the evidence when making the claim because it was an online application, ok but if I request it should it not be given to me??
2 They did not mention this documents in the particulars so CPR does not apply to these documents, if they didn't mention them and I am not entitled to them can they use them as evidence? If not do they have a case?
3 The information THEY are providing me should be enough for me to make my defence? How can I make my defence using only the information the Claimant has provided me it would be bias information??

I don't know if any of the above points are valid and if I even have a defence, can some please help asap so I can do some sort of defence tonight

Also as I asked before if I don't have a defence anymore am I stuck with receiving a CCJ now or can I try and get a loan and pay the amount in full? I am really worried about next year when my mortgage deal runs out I could loose my house ?

**warwick65** · 18th July 2017, 16:52:PM

Re: CCJ files against me please help

Hi

I knew it was Restons before I looked back

I would be using one of the template defences in the box above

key points are

!) the debt is SB by virtue of the S5 Limitations act 1980 because no payment or acknowledgement has been made for 6 years

2) a S78(1) request was made on xxxxxx to the claimant , no reposnse has been received therefore by virtue of S78(6) the account is unenforceable

3) It is denied a default notice compliant with S87(1) CCA1974 was ever received and the claimant is put to strict proof a complaint default notice was issued

4) It is denied the claimant has any right to bring a claim and is put to strict proof under the Law of property Act 1925 to show how they have the right. This includes but is not limited to , the notice of assignment and the deed of assignment between the original creditor and the claimant

Did you ever send the SAR to vanquis- that could be useful later on

If you have seen some of the documents mentioned changed denied to does not recall - easier to prove you are telling lies if you say deny and they can prove you had one whereas does not recall- we all have faulty memories
[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

CCJ files against me please help