urgent help needed ccj defence for statute barred needed

[dizzy83]

Hi I have had a claim made against me on 9th June and have acknowledged service on the 28th I have been looking for help writing a defence as I believe the debt is statute barred, I have no documents to support this and believe that I have made no payment since 2010 I only have until the 14 July I believe to submit the defence but I am stuck on what to write the debt is now with marlin Europe II limited and the solicitor they are using is Mortimer Clarke with the debt including fees at 8400 I have just today received a letter from Mortimer Clarke stating that as they have had no response they have instructed the court to grant judgment on me. I did not realise i had to inform them? any help would be greatly appreciated

[Diana M]

Re: urgent help needed ccj defence for statute barred needed

Based on what you've posted (Claim Issue Date 9th June?) your a Defence deadline is not until 12th July (not 14th July).

If you filed your AOS on 28th June (as you say you did) then the Claimant shouldn't have been able to enter judgment against you.

Are you sure the letter says that they already have a Default Judgment or is just warning you that they can get one if you're late filing your Defence.

Check and double check the claim Issue Date and call the court to confirm the status of the claim in the morning.

Di

[dizzy83]

Re: urgent help needed ccj defence for statute barred needed

The letter states that as they have not received any contact they have instructed the court to grant judgment I have not had a letter from the court yet telling me if they have or not? I would assume not

[ostell]

Re: urgent help needed ccj defence for statute barred needed

Who did you acknowledge with and how? Have you checked with the court if an acknowledgement has been received and noted?

[dizzy83]

Re: urgent help needed ccj defence for statute barred needed

I acknowledged online on the gateway money claim gov site using the provided case reference and password. What the solicitor is referring to is that they haven't heard from me and had instructed the court to proceed but I did acknowledge service with the court.

[Amethyst]

Re: urgent help needed ccj defence for statute barred needed

That does sound like quite a standard letter that they send out to intimidate people, normally a few days before the defence is due. Someone else had one yesterday too - this kind of thing ?

"Failure to respond within the timeframe specified in the response pack may result in us applying for a County Court Judgement (ccj) in Default to be entered against you with terms set out bu the court. This would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for a maximum of six years"

If you can type out or scan in the letter it might help check if it is just them trying to confuse matters. If you have acknowledged on MCOL and got the confirmation then they can't ask for default judgment until after your defence date has passed

Here's an example defence for you to make a start on anyway - there is a paragraph in there ( 7 I think ) regarding statute barred. http://legalbeagles.info/court/consu...-court-claims/

[Diana M]

Re: urgent help needed ccj defence for statute barred needed

I have had a claim made against me on 9th June and have acknowledged service on the 28th I have been looking for help writing a defence as I believe the debt is statute barred, I have no documents to support this and believe that I have made no payment since 2010 I only have until the 14 July I believe to submit the defence but I am stuck on what to write the debt is now with marlin Europe II limited and the solicitor they are using is Mortimer Clarke with the debt including fees at 8400

I wouldn't put all your eggs in one basket with a Defence of Statute Barred only. It's not always as simple as when you last paid.

You need to add other legal arguments into the mix especially with a £8.4k claim which is not going to go away that easily.

Let's go back to the beginning

Who was the original creditor before the account was assigned to Marlin Europe 11 Ltd?

What was the debt i.e. a credit card, loan, overdraft, etc?

When did you open the account and how (such as online, following an invitation letter etc)? Was this before April 2007?

Have you ever sent a s 77-79 CCA Request to either the original creditor or to the current owner of the debt? If not then do that now/today - unless you've already sent one.

Have you sent a CPR 31.14 Request to Mortimer Clarke Solicitors? If not then do that now/today.

You'll also need to send a Subject Access Request to the original creditor to get the full history of this debt. It will help you with your SB date although did you pay anyone direct after the debt was assigned or through a DMP after the debt was assigned?

When you've got all those tasks out of the way you can start to plan your Defence.

Di

[Diana M]

Re: urgent help needed ccj defence for statute barred needed

Can you also post/type up the Particulars of Claim to see what they are claiming and why they think they have the right to claim it.

Di