CCJ Defence form help!

[sam8585]

Receieved a letter from the CCJ courts regarding a phone debt i last paid for in mid 2010.. I am going to use the statute barred defence but havent a clue how to word it.. any help appreciated

[sam8585]

Re: CCJ Defence form help!

Any help needed as i need to submit in less than 8 days time.. a little panicky

[MIKE770]

Re: CCJ Defence form help!

Defence Example adjust stating statute barred

@Amethyst
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[Kati]

Re: CCJ Defence form help!

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: CCJ Defence form help!

Good morning,

We need more detail/history of the alleged debt before we can advise further.

What type of account was this?
When was it defaulted?
When was the claim issued. ( the date is on the top right of the N1 claim form). Have you acknowledged service of the claim?
How much is claimed?

nem

[sam8585]

Re: CCJ Defence form help!

Thanks Mike, so i will word a defence around statute barred. Will it be on the solicitors to prove when i last made a payment at court?

[sam8585]

Re: CCJ Defence form help!

Hi Nemesis,

-The claim is for a mobile contract
-It doesnt show when it was defaulted but the last payment i made was July 2010 and lowells took on the debt in June 2015
-The claim was issued on the 10th December
-I have acknowledged the claim and have asked for 28 days over 14 and intend to defend my claim on the Statute barred grounds

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The claim is for £274 with interest added by the court

[nemesis45]

Re: CCJ Defence form help!

Thanks Mike, so i will word a defence around statute barred. Will it be on the solicitors to prove when i last made a payment at court?

The questions in post #5 are important as the start of the relevant 6 year period re the Limitation Act 1980 vary with the type of account.
to blindly send a " stat barred " defence is likely to be unhelpful.

Is the account on your credit files? You can check Noddle and Clear Score free online.
The debt must be statute barred prior to the claim being issued/

nem

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Thanks Mike, so i will word a defence around statute barred. Will it be on the solicitors to prove when i last made a payment at court?

The questions in post #5 are important as the start of the relevant 6 year period re the Limitation Act 1980 vary with the type of account.
to blindly send a " stat barred " defence is likely to be unhelpful.

Is the account on your credit files? You can check Noddle and Clear Score free online.
The debt must be statute barred prior to the claim being issued/

nem

[nemesis45]

Re: CCJ Defence form help!

Hi Nemesis,

-The claim is for a mobile contract
-It doesnt show when it was defaulted but the last payment i made was July 2010 and lowells took on the debt in June 2015
-The claim was issued on the 10th December
-I have acknowledged the claim and have asked for 28 days over 14 and intend to defend my claim on the Statute barred grounds

- - - Updated - - -

The claim is for £274 with interest added by the court

Lowell will claim that the relevant 6 year period started when the account was defaulted is this from your credit files?
It can be up to 6 months after the last payment when the default is placed, so we need to know when in July 2010 the last payment was made?

nem

[sam8585]

Re: CCJ Defence form help!

Hi Nemesis Im on my credit file and it shows closed accounts but doesnt mention default dates unless im looking incorrectly?

[nemesis45]

Re: CCJ Defence form help!

Hi Nemesis Im on my credit file and it shows closed accounts but doesnt mention default dates unless im looking incorrectly?

Can you post a suitably redacted screen shot of the credit file entry please?
nem

[sam8585]

Re: CCJ Defence form help!

Apologies i have read that the clearscore doesnt include actual default dates. My account is saying i am default free which is a tad confusing. Positive the last payment i made was early july which means if my account defaulted 6months after the dates should be early January. I presume if i was to go to court to defend this as Statute Barred and the court date was for example March would my debt be 'statute barred' or would it not be because lowell applied to the court before January? Plus i presume the onus is on them to provide evidence of the default date/credit agreement as Lowell didnt take this till mid july last year..
Thanks

[nemesis45]

Re: CCJ Defence form help!

Apologies i have read that the clearscore doesnt include actual default dates. My account is saying i am default free which is a tad confusing. Positive the last payment i made was early july which means if my account defaulted 6months after the dates should be early January. I presume if i was to go to court to defend this as Statute Barred and the court date was for example March would my debt be 'statute barred' or would it not be because lowell applied to the court before January? Plus i presume the onus is on them to provide evidence of the default date/credit agreement as Lowell didnt take this till mid july last year..
Thanks

Good morning it might be of help to check Noddle free online. I would like you to be certain before entering a statute barred defence.

The onus of proof that the alleged debt is stat barred fall upon the claimant but it's good to have a backup.

nem

[sam8585]

Re: CCJ Defence form help!

G Morning and Happy New Year,
Thanks Nem will double check and sign up.

[nemesis45]

Re: CCJ Defence form help!

G Morning and Happy New Year,
Thanks Nem will double check and sign up.

A happy new year Sam!!

nem