CCJ Defence form help!

[sam8585]

Re: CCJ Defence form help!

Thanks Nem!
my noddle account does not even show this debt so i presume the info they bought didnt include this debt yet clearscore/equifax have this debt.
Confusing a little!

[nemesis45]

Re: CCJ Defence form help!

A happy new year Sam!!

nem

Is there a default date on Equifax.

nem

[sam8585]

Re: CCJ Defence form help!

Hi Nem,
Found the default date which is October 15th 2010..
So do i just write a defence quoting the Statute barred wording or do i need to put something else?
Thanks

Sam

[nemesis45]

Re: CCJ Defence form help!

Hi Nem,
Found the default date which is October 15th 2010..
So do i just write a defence quoting the Statute barred wording or do i need to put something else?
Thanks

Sam

Great Sam,

Are you absolutely sure that no payments and/or written acknowledgment of the debt at anytime after the default date?

If that's the case yes SB is a complete defence.

nem

[sam8585]

Re: CCJ Defence form help!

Thanks Nem,

Yes positive i have made no contact regards the debt. Also a question i never received any paperwork from them for a good part of 9months not even final settlement just the letter from the court. Is this legal by law or do the DCA do this alot?

Thanks Nem i shall quote the full definition and get it sent recorded delivery asap.

Sam

[nemesis45]

Re: CCJ Defence form help!

Thanks Nem,

Yes positive i have made no contact regards the debt. Also a question i never received any paperwork from them for a good part of 9months not even final settlement just the letter from the court. Is this legal by law or do the DCA do this alot?

Thanks Nem i shall quote the full definition and get it sent recorded delivery asap.

Sam

Good luck Sam!!

[sam8585]

Re: CCJ Defence form help!

HI NEM or whoever can help. I rested my defence on statute barred defence but having gone on my credit file the default has dropped off. Now I have entered into a mediation but havent a clue what to do any help please..

[nemesis45]

Re: CCJ Defence form help!

HI NEM or whoever can help. I rested my defence on statute barred defence but having gone on my credit file the default has dropped off. Now I have entered into a mediation but havent a clue what to do any help please..

Hello Sam,

Has the claimant responded to your defence?

nem

[sam8585]

Re: CCJ Defence form help!

HI NEM,

Not heard a peep off Lowells other than they have entered into mediation too.
Really worried as I know lowells have a habit of bending the truth.
I think im going to say in mediation this debt is stat barred and as a goodwill gesture pay a v small amount or should I not even bother?
Thanks

Sam

[nemesis45]

Re: CCJ Defence form help!

[QUOTE=sam8585;717484]HI NEM,

Not heard a peep off Lowells other than they have entered into mediation too.
Really worried as I know lowells have a habit of bending the truth.
I think im going to say in mediation this debt is stat barred and as a goodwill gesture pay a v small amount or should I not even bother?

Hello Sam,

OK anything mentioned in mediation CANNOT be used in court.
Lowell has not supplied any documents to support their claim which is for a mobile contract ( they will argue that they don't have to produce any agreement/contract.
Have you had the mediation questionnaire?

nem

[sam8585]

Re: CCJ Defence form help!

Thanks Nem for the swift response.
Your quite right I havent received any docs and my mediation is soon. I chose it because I thought it would look good if it went to court that I tried to resolve the matter. If this went to court does the judge ask for the original credit agreement/notice of assignment papers?

Sam

[nemesis45]

Re: CCJ Defence form help!

Thanks Nem for the swift response.
Your quite right I havent received any docs and my mediation is soon. I chose it because I thought it would look good if it went to court that I tried to resolve the matter. If this went to court does the judge ask for the original credit agreement/notice of assignment papers?

Sam

Unfortunately there is no CCA Regulated Agreement for a mobile phone service which is a " Service Contract".

Statute Barred Is a complete defence IF the debt was stat barred on or before the claim was issued.

Personally I would not be making any offer of " a gesture of goodwill " at this time.
Do you have a date for mediation yet?

nem

[sam8585]

Re: CCJ Defence form help!

HI NEM, yeh it is in a few days time so I will be complety stumped in mediation as they will ask for payment I presume. As far as it goes I presume lowells have to provide some sort of agreement at court other than a piece of paper they printed off yesterday?

Sam

[nemesis45]

Re: CCJ Defence form help!

HI NEM, yeh it is in a few days time so I will be complety stumped in mediation as they will ask for payment I presume. As far as it goes I presume lowells have to provide some sort of agreement at court other than a piece of paper they printed off yesterday?

Sam

Hello Sam,

Stick to your belief that the alleged debt is statute barred and was so when the claim was issued I suspect the mediator will ask you if you have all the documents you need to enter the mediation process, your answer is obviously in the negative, he/ she may discontinue the mediation and refer the claim to your local court.
If this happens I would try to say the alleged debt is SB and see if the mediator will put this to the claimant.

nem