CCJ Defence Help Needed

[Judah12]

Hi there,

I would be grateful for any assistance anyone can provide in regards to defending a ccj claim I have received.

Received a claim? Yes
Issue Date: Dec 5th
Have you Acknowledged the Claim?: Yes AOS submitted online
Total Amount Claimed : 4k
Claimant's Name: Cabot
Solicitors Firm: Mortimer Clarke
Original Creditor: Argos Loans
Original Debt: no idea ??
Particulars of Claim: By an agreement between [original creditor] & the defendant on or around 21/07/2004 ('the agreement') [original creditor] agreed to loan the defendant monies. The defendant did not pay the installments as they fell due & the agreement was terminated. The agreement was assigned to [the claimant]. The claimant therefore claims 1. [alledged amount] 2. Costs
Is the debt Statute Barred: ??? I have not contacted them.
List any letters you have sent (eg: CCA/ CPR ): none, was planning to send a CCA & CPR next.
Any Other Information or Background Details: Such as?

[MIKE770]

date of default??? date last time you communicated with anyone?? detail details???

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[Judah12]

Hi Mike,

They did not specify date of default. As this dates back to 2004 I have no info re: this debt.

I have never had any direct contact with the claimant (debt buyer agency). They have sent me letters via post.

In the past, I have used a debt management co. That co. sold on the debts to another agency and that agency to another agency. I never entered in a new signed agreements with the new debt buyer agy however debits from my account continued until approx. 3 years ago when unemployment rendered me unable to continue with the debit. I have moved a few times over the years so need to look through old paperwork to establish any othet possible background info.

Cannot I not just request the evidence from the claimant?

Thanks in advance fir any guidance.

[Judah12]

MIKE770 You wrote:


"First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request"

Quick question and sorry if its a silly one.... "Check dates" - what dates am I checking?

I have already submitted an AOS to defend all. Thank you for the links for CCA and CPR letters. I will aim to complete these today to have ready to post 'signed for' delivery tomorrow. I'll post any follow-up questions I may have.

[MIKE770]

date on court form then that tells you to put defence in by


send Recorded delivery and keep all copies of correspondence in date order

[MIKE770]

Amethyst

[Judah12]

Date of form is Dec 5th. So have until Jan 2nd which is 28 days of this date now that I have submitted AOS. However, unsuee if it 28 working days or not. If it is then I have longer.

[MIKE770]

28+ 5 for posting etc? I always suggest sending on line thru MCOL defence just a day or so before so as to not let them trash any comments in your defence before they get theirs in read around site?

[Judah12]

MIKE770 Okay thanks. Duly noted.

[Judah12]

Quick question re: CPR request.

Of the following documents, should I just request Agreement & notice of assignment? Or should I list all 3?

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

The Particulars of Claim read:
"By an agreement between [original creditor] & the defendant on or around 21/07/2004 ('the agreement') [original creditor] agreed to loan the defendant monies. The defendant did not pay the installments as they fell due & the agreement was terminated. The agreement was assigned to [the claimant]. The claimant therefore claims 1. [alledged amount] 2. Costs"

[MIKE770]

Only

[MIKE770]

Request items mentioned on the court form at this stage

[Judah12]

MIKE770 they mention the agreement
then they say the agreement was assigned - do I take that to mean "notice of assignment"? Or just the agreement at this stage? Excuse these basic questions but I want to get it right

[Judah12]

One more question re: CPR letter

There is a name for the claimants legal rep on the bottom of the claim form. I should send letter addressed to this person or keep it general with "dear sir/madam" - whats best?

[MIKE770]

MIKE770 they mention the agreement
then they say the agreement was assigned - do I take that to mean "notice of assignment"? Or just the agreement at this stage? Excuse these basic questions but I want to get it right

yes notice of assignment & agreement mentioned within

send CCA as well with £1. P.O.recorded delivery keep copies of everything you have and receive

send to the address for now@=