CCJ from Restons Solicitors on behalf of Cabot Financial

[worried1980]

Hi,

I received a CCJ this week for an unsecured debt dating back almost 7 years (11/2007). I have no recollection of the debt and therefore wish to defend it. In my defence papers I was going to put the following response, a series of events which have led to this, as follows:

"I spoke to a representative of the claimant on the phone in 2010 and again in 2011 and stated both times to them that I have no recolection of the accused debt and asked if they could provide me with some proof documentation. Both times they refused to comply and said the onus was on me to prove I didn't owe it.
I then pointed out it was impossible to 'prove' I don't owe something I have no knowledge of. Their response was tough. I told them I was not willing to discuss it further until I had written proof the alleged debt was mine. Cabot ignored this request and continued to harass me with a letter every 3-4 weeks and a phone call daily.
I sent them a statue barred letter in November 2013 informing them that this alleged debt was more than 6 years old that it has become statue barred and asked them to stop contacting me as they hadn't provided me with any other evidence. The next letter I received was 7 months later from Restons Solicitors and 2 weeks after that CCJ papers.
I have included a copy of the original letter I sent Cabot financial."

My only problem which I have since found out might go against me is the statue barred letter I sent in November wasn't sent recorded delivery, it was only done first class.

What I wish to know is is this response long winded when filling out the defence section of the forms? Is there a better way of wording things before I send my papers off? Should I include a copy of the original statue barred letter I sent in November and should I write a newer dated one out too? And should I send another copy to the claimant?

This has really got my head spinning as I have never had legal action threatened on me before and I am extremely worried about some bailiff beating on my door!

[PAWS]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hello Worried 1980.
Now, the first thing is try not to worry. I know that is easier said than done but just take a deep breath. You have come to the right place and there are many very clever people on here who will come along and help but it may be tomorrow. I am as useful as an ashtray on a motorbike on this sort of issue!
No one is going to bang on your door tonight so get some sleep and tomorrow is the start of turning things around.
Here is a big hug to help you get off. :hug:

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

I received a CCJ this week

Hi and welcome
I assume you mean a claim from Northampton Bulk Centre rather than an actual CCJ?

for an unsecured debt dating back almost 7 years (11/2007). I have no recollection of the debt and therefore wish to defend it. In my defence papers I was going to put the following response, a series of events which have led to this, as follows:

"I spoke to a representative of the claimant on the phone in 2010 and again in 2011 and stated both times to them that I have no recolection of the accused debt and asked if they could provide me with some proof documentation. Both times they refused to comply and said the onus was on me to prove I didn't owe it.
I then pointed out it was impossible to 'prove' I don't owe something I have no knowledge of. Their response was tough. I told them I was not willing to discuss it further until I had written proof the alleged debt was mine. Cabot ignored this request and continued to harass me with a letter every 3-4 weeks and a phone call daily.
I sent them a statue barred letter in November 2013 informing them that this alleged debt was more than 6 years old that it has become statue barred and asked them to stop contacting me as they hadn't provided me with any other evidence. The next letter I received was 7 months later from Restons Solicitors and 2 weeks after that CCJ papers.
I have included a copy of the original letter I sent Cabot financial."

I don't see any attachments on your post. :noidea:

My only problem which I have since found out might go against me is the statue barred letter I sent in November wasn't sent recorded delivery, it was only done first class.

That doesn't matter, the onus is on the claimant to show a debt is not SBd if they wish to argue the point, not on you to show that it is. :thumb:

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

What I wish to know is is this response long winded when filling out the defence section of the forms? Is there a better way of wording things before I send my papers off?

It is a bit, yes, it should be along the lines of this one here: http://www.legalbeagles.info/forums/...862#post452862

Should I include a copy of the original statue barred letter I sent in November and should I write a newer dated one out too? And should I send another copy to the claimant?

There's no need for the letters at this stage. If you submit a SBd defence to the court, the court will forward it to the claimant who will have to respond in 28 days, stating whether they wish to proceed with the claim or discontinue. ray:

This has really got my head spinning as I have never had legal action threatened on me before and I am extremely worried about some bailiff beating on my door!

There won't be any bailiffs at your door, they would need to have obtained judgment to be able to apply for a warrant of execution to send bailiffs round, issuing a claim isn't enough. :nono:

You need to keep an eye on the timescales. You have 14 days (+5 allowed for service) from date printed on claim form to acknowledge service, which you can do online using the P/W printed on the form. :typing: If you do so and state your intention to defend the claim in full, you get a further 14 days to submit your defence. If you are 100% positive of the SBd status and don't think you need to request documents, etc., then you can submit the defence straight away, within 14 days. :clock:

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hi and welcome
I assume you mean a claim from Northampton Bulk Centre rather than an actual CCJ?

The return address is:
County Court Business Centre
1688 Pre J One
4th Floor St Katherine's House
21-27 St Katherine's Street
Northampton
NN1 2LH

not sure on the difference?

I don't see any attachments on your post. :noidea:

i didn't put an attachment here. That paragraph was in quotation marks, showing what I had pre wrote out but I am going to change it after reading your advice

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Also when I try to log my defence on the internet @ www.moneyclaim.gov.uk it keeps saying my claim number and or password aren't recognised/wrong. I've input it about 10 times now!

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Also when I try to log my defence on the internet @ www.moneyclaim.gov.uk it keeps saying my claim number and or password aren't recognised/wrong. I've input it about 10 times now!

Have you registered and obtained your user ID? If you are having problems logging in you may want to give them a ring tomorrow. :cell:

The Money Claim Online Helpdesk experiences a high volume of calls. Please consider e-mailing your query to: MCOL@hmcts.gsi.gov.uk alternatively please telephone us on 0300 123 1057.

You may also want to look at the FAQs here: http://www.justice.gov.uk/courts/nor...sked-questions

Defendant frequently asked questions

How do I file a response on MCOL?

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.
You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.
My password doesn’t seem to be working – what should I do?

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.
Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

I assume you mean a claim from Northampton Bulk Centre rather than an actual CCJ?

The return address is:
County Court Business Centre
1688 Pre J One
4th Floor St Katherine's House
21-27 St Katherine's Street
Northampton
NN1 2LH

not sure on the difference?

Basically a claim is the start of the process, a CCJ would be the end. A CCJ is judgment in favour of the creditor which would give them the ability to enforce it by various means if you didn't pay, and would stay on record for 6 years. A claim doesn't give the creditor any rights to enforce, nor does it appear on your credit file or the public record. It's issued with the intention of obtaining a CCJ, but if the debt is statute barred, the won't achieve their purpose. :grin: :grin: :grin:

Sometimes people don't receive the claim, they are away at the time it arrives or simply ignore it/don't open the post. The claimant then obtains default judgment and you'd get a letter saying as much. That would be a CCJ, so I wanted to clarify the situation. :thumb:

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Thanks for all your help so far, it's helped calm my nerves.

I will get my defence in motion tomorrow and post an update/outcome when I receive one.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a quick question, when I write out the statue barred letter to send back with county court papers, do I address the letter to the court, the claimant or the claimants solicitor who filed the claim?

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a quick question, when I write out the statue barred letter to send back with county court papers, do I address the letter to the court, the claimant or the claimants solicitor who filed the claim?

You won't be sending the SBd letter to anyone, what you will be doing is submitting a SBd defence to the court, as noted here: http://www.legalbeagles.info/forums/...862#post452862

If you can't do it online, you can also use the response pack that came with the claim. If you are ready to defend, complete form N9B. A SBd defence should easily fit in the space provided. :typing: The details about where to send back the form should be under 'notes for defendant', attached to your claim form.

Once you submit a defence, the court will serve it on the claimant, who has 28 days to respond saying whether they wish to proceed with the claim.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Right I have sent my defence forms back this morning first class recorded post.

Wish me luck!

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

I shall keep my fingers crossed for you. ray: ray: ray:

[panther12]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

You'll get notification from the court that the defence has been served to the claimant or their sols and they have 28 days to inform the court if they wish to continue otherwise the claim gets stayed. If you are 100% certain it's SB they may discontinue after receiving your defence but Rectums are known to allow defended claims to remain stayed. If that happens I would write to Rectums inviting them to discontinue otherwise you'll make an application to lift the stay and summary judgment with costs as their claim has no merit.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

You'll get notification from the court that the defence has been served to the claimant or their sols and they have 28 days to inform the court if they wish to continue otherwise the claim gets stayed. If you are 100% certain it's SB they may discontinue after receiving your defence but Rectums are known to allow defended claims to remain stayed. If that happens I would write to Rectums inviting them to discontinue otherwise you'll make an application to lift the stay and summary judgment with costs as their claim has no merit.

I am 99% certain it is SBd but what does 'stayed' mean?