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    CCJ and Summary Judgement
    • #1
    • 6th Dec 12, 9:50 PM
    CCJ and Summary Judgement 6th Dec 12 at 9:50 PM

    I know I'll get some stern advice here about my predicament but I need some advice on how to deal with an aggressive creditor who has now issued a claim through the small claims court ( via Northampton for a debt I dispute.

    I had requested a CCA from them and they simply provided a typed copy of it.
    Now they have issued a claim and I responded with a defense that they have not proved that I owe any debt.
    They (1st Credit) have now written to me to say I have 14 days to pay or they will apply for a summary judgement under Part 24 CPR.

    I maintain my defense is that they have not shown ANY evidence of my alleged debt. Surely before any judgement can be ascertained, the court must be satisfied that the debt is legitimate?? And as the defendant do I not have a right to see their evidence??
    They have not provided me with any evidence other than a typed credit agreement.

    Any advice on what I can do next?
    I was proposing to write to court again (CC 1st Credit) stating my defense is that the claimant has not provided any evidence of the claim to me.

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