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  • FIRST POST
    d0nnyoz
    CCJ and Summary Judgement
    • #1
    • 6th Dec 12, 9:50 PM
    CCJ and Summary Judgement 6th Dec 12 at 9:50 PM
    HELP!

    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 (moneyonline.gov.uk) 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.

    D
Page 1
    • fatbelly
    • By fatbelly 6th Dec 12, 10:46 PM
    • 8,796 Posts
    • 6,485 Thanks
    fatbelly
    • #2
    • 6th Dec 12, 10:46 PM
    • #2
    • 6th Dec 12, 10:46 PM
    You can submit your defence online for Northampton claims as long as you do so within 14 days of service, which is deemed to be 5 days after issue.

    If you need further time, acknowledge service stating that you intend to file a defence and get a further 14 days.

    You should then get an Allocation Questionnaire, then a hearing at your local court

    CAB factsheet

    Best of luck.
    • fermi
    • By fermi 7th Dec 12, 1:26 AM
    • 36,862 Posts
    • 44,386 Thanks
    fermi
    • #3
    • 7th Dec 12, 1:26 AM
    • #3
    • 7th Dec 12, 1:26 AM
    You need some specific advice on CCA/legal issues, as 1st Credit could well succeed with a summary judgement if you do not approach this correctly. I would go and ask on the legal sections of forums such as legalbeagles and consumeractiongroup and others.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • d0nnyoz
    • #4
    • 7th Dec 12, 7:39 AM
    • #4
    • 7th Dec 12, 7:39 AM
    You can submit your defence online for Northampton claims as long as you do so within 14 days of service, which is deemed to be 5 days after issue.

    If you need further time, acknowledge service stating that you intend to file a defence and get a further 14 days.

    You should then get an Allocation Questionnaire, then a hearing at your local court

    CAB factsheet

    Best of luck.
    Originally posted by fatbelly
    Thanks for the advice.
    I think I've gone through most of these steps already.
    I got notification of the claim and I responded with my defense within 14 days. The court replied and stated the defense would be submitted to the claimant who had 28 days to respond.
    The claimant has now written to me stating they will give me a further 14 days to settle the claim or they will make a request for a summary judgement. They say in their letter that they don't recognise any defense.

    I'm wondering what to do now as as far as I'm concerned the claimant has not proved the debt. Surely the court would need to see prove of the debt before any judgement is made??

    My gut feeling is to write back to the court (CC to the claimant) stating that there is no proof of debt and until the claimant can provide that then no summary judgement should be made against me.
    Is that the right step?
  • d0nnyoz
    • #5
    • 7th Dec 12, 7:46 AM
    • #5
    • 7th Dec 12, 7:46 AM
    You need some specific advice on CCA/legal issues, as 1st Credit could well succeed with a summary judgement if you do not approach this correctly. I would go and ask on the legal sections of forums such as legalbeagles and consumeractiongroup and others.
    Originally posted by fermi
    Thanks.
    How do I get this specific advice as I cannot see a legal section.
    Are legalbeagles and cusumeractiongroup users or boards?

    Cheers ...
    • fermi
    • By fermi 7th Dec 12, 7:50 AM
    • 36,862 Posts
    • 44,386 Thanks
    fermi
    • #6
    • 7th Dec 12, 7:50 AM
    • #6
    • 7th Dec 12, 7:50 AM
    I meant.

    http://www.legalbeagles.info/forums/forumdisplay.php?105-Is-your-creditor-suing-you

    http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

    MSE doesn't have a specific legal section that would suit. While someone may come along on this thread that can help, it may be wise to ask on those as well in order to maximise your chances.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • d0nnyoz
    • #7
    • 7th Dec 12, 8:04 AM
    • #7
    • 7th Dec 12, 8:04 AM
    I meant.

    http://www.legalbeagles.info/forums/forumdisplay.php?105-Is-your-creditor-suing-you

    http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

    MSE doesn't have a specific legal section that would suit. While someone may come along on this thread that can help, it may be wise to ask on those as well in order to maximise your chances.
    Originally posted by fermi
    Ah. Thanks.
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