CCJ Action

[Florida18]

Morning, I’m looking for some guidance please.
I have a credit card debt which is has had several different changes in ownership and is now owned by one of the large collection companies. The default went back to 2008 so doesn’t at the moment appear on my credit history. I had an arrangement in place small monthly payment but this didn’t go through over the last couple of months so they have issued me with a county court summons. I admit I misplaced claim pack so this was not sent and hadn’t responded, but I’ve got myself back on track over the last number of years and this is going to have a massive impact on me on a debt that is over 12 years old and I will then have a CCJ for 6 years. Is there any defence I could make? Is it worth appealing to the company to see if they’ll withdraw it if I can borrow some money from family to offer a settlement or higher monthly payment. Many thanks.

[Amethyst]

First, what date was the claim issued ? If later than 18th August get online to moneyclaim and put in an acknowledgment of service to protect yourself so we can look at what you need to do. If before 18th August - log on to Moneyclaim and see if it says there is a default judgment ( if not, acknowledge the claim, if there is let us know )

[Florida18]

Hi, yes it was after this date.

[Florida18]

Hi I have a few days left to put in a defence, do you have any suggestions, any gratefully received, or is it worth trying to settle outside of this if they withdraw it? Many thanks.

[jaguarsuk]

Did you acknowledge service as instructed in post #2? If so, what is the date on the claim form?

[Florida18]

Yes and it is dated 30th August. Thanks

[jaguarsuk]

Your deadline for your defence is Wednesday 2nd October 2019 at 4pm.

Have you done CCA and CPR 31.14 requests?

If you have what has been sent to you?

[Florida18]

I haven’t done anything as yet, I was going to ask for copies of everything as part of the defence. Can you advise what’s best with the time I have left? Many thanks!

[jaguarsuk]

I haven’t done anything as yet, I was going to ask for copies of everything as part of the defence. Can you advise what’s best with the time I have left? Many thanks!

You should have requested them already, but with this amount of time left you are going to have to file an amended version of the Example Defence.

[Florida18]

Thank you for that. So under no.10 to no.12 do I request these now as part of defence or do I take out completely?

[Florida18]

In terms of the N180 am I still within the timescale to do this? Thanks

[jaguarsuk]

Why have you got an N180 at this stage?

[Florida18]

No sorry, my mistake I thought you were adding this to your advice, didn’t realise it was part of your header! Could you just advise whether I need to leave out no.10 to no.12 from the defence claim example? Should I still request the relevant info even though the defence will have gone in? Thanks.

[jaguarsuk]

You need to leave out 10, 11, 12 & 13. If you haven't requested them they can't be held for not complying.

[Florida18]

Ok thank you. I’m assuming they will then need to provide them as part of their defence though?