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Directions Questionnaire

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  • Directions Questionnaire

    Hello,

    I have just had my telephone hearing for the CCJ to be set aside, which I have won. I have had an old debt that was statute barred at the time of the claimant filing the claim and the default CCJ, my defence is that the debt is statute barred, which I have plenty of evidence for. The claimant has no evidence against, which was evident from the hearing, but have asked for 2 months extention to gather the evidence, which was granted by the Judge. I now have until 9th April to file the Directions Questionnaire. I was representing myself, and basically have no idea what the next steps, or indeed that form, are. Would anyone be able to point me in the right direction please?

    Many thanks.

    Regards,

    Vivien
    Tags: None

  • #2
    Limitation periods arise out of a group of statutory rules (the Limitation Act 1980) which create deadlines for various types of claim to be brought at Court. The applicable time limits vary as between different types of claim, but the purpose behind the rules always remains the same: limitation periods exist to bring certainty and finality in litigation and to avoid parties arguing over historic events where there could not be a fair trial. you will state under the above

    Comment


    • #3
      Originally posted by Viv77 View Post
      Hello,
      I have just had my telephone hearing for the CCJ to be set aside, which I have won. I have had an old debt that was statute barred at the time of the claimant filing the claim and the default CCJ, my defence is that the debt is statute barred, which I have plenty of evidence for. The claimant has no evidence against, which was evident from the hearing, but have asked for 2 months extention to gather the evidence, which was granted by the Judge. I now have until 9th April to file the Directions Questionnaire. I was representing myself, and basically have no idea what the next steps, or indeed that form, are. Would anyone be able to point me in the right direction please?
      Many thanks.
      Regards,
      Vivien
      Hello Vivien
      It is tricky to give any real advice without knowing a little more about the case, as much depends on the type of debt that is involved.

      Can you perhaps let us have some further info on the case?
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        It was a personal loan I first defaulted on in 2009. It was on my credit file until 2016, then disappeared. The claimants solicitors filed the claim in 2020. The claimant has written off another of my debts they too held, that debt I defaulted on at the same time as the debt they are taking me to court for. As far as I gathered from the solicitor, they have bo real evidence that my debt us not in fact statute barred. My defence draft has been accepted as my actual defence, and now the Judge has aske me to file the Directions Questionnaire within 28 days.

        Comment

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