duplicate CCJ and default

spacey2012

Can you at least put the years in the first dates ????

ace2base_2

Agreement was taken out in 2002.

spacey2012

You must file a defence, it will be up to them to decide to proceed to a full hearing.
If no defence is presented they will obtain a ccj.
A simple defence.
The Defendant defends the claim of the plaintiff on the following principle of law.
Limitation Act 1980 chapter 58 : s9 :
(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.
Date of initial default and last acknowledgement xx/Xx2002
Date of action for recovery xx/xx2013
Therefore the Plantif submits to the court that the defence of limitations act
That : Limitation Act 1980 chapter 58 has provision in law over the claim and request the court strikes out to remove the claim.

Once they see this entered they will most likely throw the towel in, they will be hoping you do not file a defence, from their prospective it is always worth the punt.

rizla_king

Ask here for defence: http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

ace2base_2

Ok, Think I've been over complicating things. Thank you very much for all responses. I will update on results.

spacey2012

As they have filed for a standard CCJ, I would defend a standard CCJ attempt.
My opinion is they are hoping for an easy default judgement via Northampton .

Once the statute of limitations defence is sent in as they are a company they will most likely throw the towel and move on to the next credit file in the £1 a pop bundle they bought.

ace2base_2

How long does the DCA have to reply to a defence? It's been 14 days, and so far have heard nothing, well apart fro a generous letter offering 3K off
Thanks

ace2base_2

Well, I've just rang up Northampton CC and they've advised case has been discontinued.

Thanks Spacey2012, please nominate a debt charity for me to make a donation to.

fatbelly

That's a result...

Well done.

I'll let Spacey nominate the charity.

rizla_king

Good.

Now make the ****ers take the default off.