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Do I need an N9b after CCJ set sside?

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  • Do I need an N9b after CCJ set sside?


    Its for a credit card debt.

    Do I fill in an N9b and how do I lodge it?

    I made a CPR31.14 request to get all the info, particularly the CCA and details of a payment they say I made. I dont think I will get the info in time for my defence. What should I write about no info received?

    Also, I only received a "pre assessment letter", (copy attached), not a "Letter Before Action". Are they the same thing. If not, that could be another piece of my defence, yes?

    HUGE thanks for all help.
    Attached Files
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  • #2
    Sorry but your post is very confusing, possibly because you have not posted all the information? If the letter you have attached is all you have received then itís not a Ďletter before actioní itís just a badly worded mail merged standard letter making veiled threats of your account possibly being passed on to solicitors. itís best not to ignore letters from debt collectors because matters is only escalate to a higher level but unless you have received any more communication from them you seem to be jumping the gun. Can you give more details about the title of your post? Do I need an N9b after CCJ set sside?

    Comment


    • #3

      Sorry. I'm at the stage where the CCJ has been set aside and now I need to submit a defence to court and Hoist Portfolio.
      I didnt receive a claim form originally and believe debt is statute barred.

      I got the CCJ set aside and now have 14 days (7 days left), to lodge a defence.

      Defence will mainly be SB. Hoist portfolio said i made a payment within the last 6 years - ive asked for details. Nothing received yet.

      I also dont think i ever received a Letter Before Action just a "pre legal assesment". Is that the same thing?

      Ive got a copy of Hoists skeleton(?) claim containing their witness statement. I'll try and scan it and upload. It makes no mention of a LBA. But it does have a 'copy' of the claim form with "reference only" watermarked across it.

      Hope that all make sense?

      Thx

      Comment


      • #4
        Hoist's witness statement attached.
        Attached Files

        Comment


        • #5
          You need to make an application to have the matter struck out because it is statute barred. You were not served the papers and the claimant admits it. Having said that, I'm not a solicitor, you really need to consult a solicitor whatever it costs you, will be worth it. I know the witness statement asked for a judgement making you file a defence within fourteen days but was a judgement to that effect made?
          Last edited by EnglandPi; 3rd March 2021, 00:50:AM.

          Comment


          • #6
            Yes, the set aside order from the court asks for a defence within 14 days.

            I'll draft my defence today and upload so you helpful people can check over.

            Comment


            • #7
              DRAFT DEFENCE ATTACHED.
              Please check over. There are 2 blue bits that I have added, but don't know if I should and yellow bits that i don't understand or if they are applicable for me.

              Thanks for looking over - its scary thinking you may have missed something.


              Attached Files

              Comment


              • #8
                the agreement was entered into on or around 25 January 2005.

                You need to ask for a signed certified copy of the agreement. I'm sure they will provide a generic copy but not a copy signed by you.

                If you don't understand what your writing don't write it. keep it simple and plain English.

                Last edited by EnglandPi; 3rd March 2021, 13:21:PM.

                Comment


                • #9
                  Thanks. But what about the blue bits and yellow bits?

                  Comment

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                  SHORTCUTS

                  Pre-Action Letters
                  First Steps
                  Check dates
                  Income/Expenditure
                  Acknowledge Claim
                  CCA Request
                  CPR 31.14 Request
                  Subject Access Request Letter
                  Example Defence
                  Set Aside Application
                  Witness Statements
                  Directions Questionnaire
                  Statute Barred Letter



                  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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