Reasonable time between issuing a letter before claim and issuing a court claim?

[Claireb5]

Hi there

I received a letter before claim in July 2022 with sparse details about a personal loan with Sainsburys and responded that I’d be defending the debt. I asked for more information about the debt. I received no reply. I kind of forgot about it and went on holiday in January 2023 to February 2023. I just returned to find I have a CCJ issued 2 days ago. I couldn’t have reasonably thought this would happen as I heard nothing for over 6 months. What can I do?

Many thanks

[MIKE770]

Set Aside Application if advised. but we need facts before action?

[atticus]

The OP is naive. He had been warned.

He can apply to set aside judgement.

[Claireb5]

Hi
Well I thought they had dropped it because of the 6 months with hearing nothing. I don’t know what else I could have done whilst out of the country, I couldn’t receive my mail.
I’ll post the letters I’ve received below.

Thanks

[Claireb5]

I wonder if anyone would be able to help. I’ve attached correspondence I referred to in my original post.

In hindsight, my mistakes are: I didn’t chase the solicitors Mortimer Clarke after my letter asking for the written credit agreement in August 2022, my letter to them is very basic because I thought the official letter requesting the credit agreement and sending a cheque of £1, came at the actual court claim stage after ticking defend? (I have successfully defended a court claim before and had it dropped before hearing so remember that part partially). In this case I haven’t had the chance to defend the claim as I was away on holiday.

I think this debt is a mistake. My husband took a loan before we broke up, but I’m sure it was in his name.

I feel that taking the chance to go on holiday was reasonable due to not hearing anything after the letter of claim for 6 months? I’m not sure what other people do about holidays after a letter of claim?

I’m not sure what my defence is as I have no information as the particulars of claim are as brief as the letter before claim.

I think I need to apply to have it set aside and fill in the N244 Court Application Form but I don’t know how to prepare a defence when I don’t have the info I need about the debt? It was a long time ago that I defended an actual court claim and have no idea how to do this at this stage?

Any help would be appreciated very much!

[Claireb5]

I can’t find the example letter to request that the claimant agrees to have this set aside. Any ideas what this should include? Do I send this to Cabot (the claimant) or the solicitors Mortimer Clarke?

[MIKE770]

Top right. Of the page

[Claireb5]

I just realised this is posted in the wrong section (general debt advice) I’ve moved this to the court claim section.