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Applied to set aside a ccj.. help please

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  • Applied to set aside a ccj.. help please

    Hi everyone I'm looking for a bit if advise if possible.
    I recently received a letter from a solicitor regarding an alleged debt for cabot financial I rang them and asked for details of the debt as I didnt know what it was for they said they would contact me again with the details, I didn't hear anything else until an attachment of earnings was delivered to me so I rang the solicitors again asking what this was for as I requested details of the debt, they told me I had to make a payment plan to stop the court action going further so stupidly I did and they promised to send the details for the debt then I found out about a ccj on my credit file when I checked my score as I'm lookin to get a mortgage. I contacted the solicitors again to be told the ccj had already been applied for prior to our conversations. Further investigation into the ccj reveals that it's for cabot financial uk and the original alleged debt is from British credit trust. To the best of my knowledge this is around 9 years ago from a car on finance that the payments were upto date on until I was made redundant and I returned the car. I never heard anything else about the matter so presumed the car was sold and covered any outstanding balance. The ccj was only issued last March (2016) I've asked both cabot and the solicitors acting on their behalf for proof of any alleged debt as I dispute it, and also the date of any alleged credit agreement with British credit trust as I'm sure it's well over 6 years without any contact so believe it is statute barred. 3 times I've asked and still no details have been provided to me. So I sent an n244 application off with the £255 fee and received a letter back from the court today with a court date. Basically I'm wondering how do I go about a defence if I have no details or proof of any alleged debt or dates as they are very unwilling to provide them
    Thanks for any help In advance
    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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