can an old debt get a CCJ?

[Amethyst]

Re: can an old debt get a CCJ?

Yep that's the set aside, that's sorted and your argument is sound for not knowing about the CCJ.

We need to look at the next bit - what's the defence to paying the debt ?

[Caroll54]

Re: can an old debt get a CCJ?

I did call the court , as someone here did say call , I explained that I knew nothing, they sent me the ccj which I posted on here

[Caroll54]

Re: can an old debt get a CCJ?

As you mentioned, I have no true amounts owed, but the major thing is, I do not work, I have no savings, do not own my home, so I could not pay

[Amethyst]

Re: can an old debt get a CCJ?

I mean more on the actual debt ( ie. you will have to show you have a defence to the original claim once you get the CCJ set aside)

So things like;

1) You took out car finance in 1997/1998

2) You have sent a CCA request and have been sent no copy of the agreement

3) You haven't made any payment for over 6 years

[Caroll54]

Re: can an old debt get a CCJ?

Oh, it has not been 6 years, so I fail on that one

[Amethyst]

Re: can an old debt get a CCJ?

Okay how about


2) You have sent a CCA request and have been sent no copy of the agreement

[Caroll54]

Re: can an old debt get a CCJ?

Yes, I did post the last letter from Mortimer Clarke, saying as soon as you get the agreement they will post it on, and they have put my account on hold, and I do have the letters they sent me

[Caroll54]

Re: can an old debt get a CCJ?

So will I need to include that in my defence

[Caroll54]

Re: can an old debt get a CCJ?

Those first dates for finance, my letter I recieved from them States my last one was 14/12/2002 and it was terminated 14/06/2002. That is true, I need a large car as my then youngest daughter had mild Tourette's, and other problems, so needed to be separated from my older children, I then had to leave my work to look after her, hence I could not afford the payments

[Caroll54]

Re: can an old debt get a CCJ?

i do have proof of sending postal order to Mortimer Clarke , as I did forget to add payee, so they sent that back, I was thinking of using that letter, and the last one they sent? What do you think?

[Amethyst]

Re: can an old debt get a CCJ?

Have you typed out the particulars of claim on here anywhere ? If not can you do so please ( the wording of the claim from the original claim form if you have it )

Will work on defence and post you up an idea of where to start from later on - I think it wise to get that together and printed out to take with you to court.

[Caroll54]

Re: can an old debt get a CCJ?

I have no original agreement, but the letter I recieved from Mortimer Clarke, states
the balance originates from a hire purchase/ conditional sales agreement, entered into with on line finance on the 14/12/2001, bearing the agreement number 100257359. The agreement was terminated 14/06/2002.

so I was going to use that.
i also have a letter from them saying
we refere to the above matter and enclose you cheque for payment dated 16/10/14 as it is not out to a payee, your CCA request is being processed.
Please therefore amend th the payee to Mortimer Clarke.
i also have this letter.
we can confirm we have requested the documents from our client and these will be forwarded to you upon receipt.
your account is hold in the meantime.

so are these ok to use. Also may I thank you for your help, and your patience with me.

[Caroll54]

Re: can an old debt get a CCJ?

Also I forgot to say, when I called the county court to ask about this ccj, which I did say I knew nothing about, I have the copy they sent me, so I was going to include that?
sorry, forgot to say, yes I did post all letters I had, thank you again for all your help, I must confess, I am worried about going to court.

[Caroll54]

Re: can an old debt get a CCJ?

I have recieved this letter.

The hearing of the defendants application for an order to be made ( see attached copy) will take place at 12 pm on the 22 January 2015, with a time estimate of 20 minutes, at the county court at Basildon.

cases are listed in accordance with local hearing arrangements determined by the judiciary and implemented by the court staff. Cases can be listed as block hearings and more than one scheduled for a specific start time. For those cases not heard at the specific time every effort is made to hear them as soon as possible throughout that day, should your case not be heard on the date specified, it will be given preference when offered the next available date, Although rare, in some instances an adjourned case may be released to another judge or possibly another court.

[Caroll54]

Re: can an old debt get a CCJ?

has anyone had a court date to set aside a judgement? Would like to know what to expect, would be grateful thanks.