Can anyone here help.....

mummyemma

with writing a defence. Im not sure if this is the right place to post. I need to write a defence against my husbands CCJ but although i know what i want to say I dont always get my words down right. I wonder if there is anyone who would mind looking it over for me.

Many thanks
Emma

Bossyboots

I am sure you will get lots of help if you type up what you think is right.

We would need to know at least a summary of the particulars of claim as well.

mummyemma

Not sure what info you need so let me know, but here is the story so far.

Returned a car to yes car credit in july 06. Heard nothing from them till court papers arrived in december. Basically they are saying that we must continue to pay them for the outstanding insurnaces.

My argument is we were mis sold the insurances and therefore shouldnt have to pay.

On the court papers it doesnt say that its the insurannces that are outstanding it just says we still owe them £1500 and have fallen into arrears.

We dont have the car, we had paid over half of the agreed term so therefore were able to return the car under the agreement. At no point have we had any letters from them stating we still owe them money.

Am very cross and not happy to pay, i hope some of that helps


the part of the claim are?
By an agreement dated the 18/11/20333 claimant advance the defendent a sum of £5000. The agreement regulated by the consumer credit act 1974 subject to the repayment of the principle sum and payment of intrest and charges. The loan was payable by monthly instalments of £215.84. The defendant failed to matian these payments and by the 30th July was in arrears of £431. On or about this date the claimant issued a defualt notice and required a remedy of the breach with 7 days. The defendent failed to comply and is now liable for the total balance outstanding under the agreement £1335.09 plus interests and costs.

I hope that helps. We asked for the account to be terminated in June they collected the car in July. we were not in arrears and have always paid on time. we have had no communication from them since the car has been returned

thanks emma

Bossyboots

Are the insurances part of the agreement referred to in the claim?

mummyemma

No the insurances are additional optional non cancellable insurance is what it states on the agreement.

The £5000 was just for the car

SunderlandBlackCat

Have you tried Citizens Advice? At least they can go through the small print of your credit agreement with you face to face.

Bossyboots

SunderlandBlackCat wrote:

Have you tried Citizens Advice? At least they can go through the small print of your credit agreement with you face to face.

This is what I was going to suggest. Someone needs to be able to read the agreement and the particulars of claim to advise you what you need to put.

If time is an issue, you could ask the court for an extension of time to file your defence so that you can take proper advice. If you tell the court that you had no idea any money was allegedly owed and the applicant did not try to sort it out with you before issuing proceedings, they should allow you extra time. It is a rule that court proceedings should be a last resort and if the finance company didn't contact you in an effort to resolve matters before issuing proceedings then the court should give you some (if not rather a lot) of leeway.