CCJ Set Aside today

JDOG1982

sourcrates wrote: »

Hi,
Yes, if you believe it to be SB, then that should be your defence.
Timescales are critical, to the best of my Knowledge, I would act as if it was 14 days, however it could be 28, unsure on that bit.

so basically i just send a letter to court with the same information on that i sent to get ccj set aside.

sourcrates

JDOG1982 wrote: »

so basically i just send a letter to court with the same information on that i sent to get ccj set aside.

^^^^^^^^^See the well versed advice above from Exoteric^^^^^^^^^^

JDOG1982

Thank you all for the advice, as i believe the debt to statuted barred and Bryan Carter as failed to respond to my request to provide proof that i made a payment. Ive searched online and struggling to find an appropriate template to add my details in to send my defence into the court.

Hope anyone knows of a good one i can use.

Thanks

thewhiteavenger

I don't know any template. You need to respond to the specifics of your case. The essential points are

1. The debt was last acknowledged by me in month/year

2. The claimant's claim commenced in Feb 2014

3. I believe this matter to be statute barred under s5 of the Limitation Act 1980.

but if you already know that the claimant is making other statements then you need to address those too

JDOG1982

Hi All

This is what ive written so far, is they anything i should add or take out.

****

Dear Court Manager



Firstly I requested the CCJ to be set aside by the court on the basisthat I never recived any notification of the CCJ as the claimant had providethe court with the wrong address for me.



Secondly the debt which the claimant claims is owed by myself isstatuted barred and the last payment or acknowledgement of this debt was made over six yearsago and no further acknowledgement or payment has been made since that time.



I have contacted the claimant on many occasions stating thatdebt was statuted barred but they have failed to respond and supply anindependently verifiable copy of any acknowledgement or payment made to them.

JDOG1982

Just to update you all I have sent my defence off to the court and to the claimant last week which had to be in for today.

I was just wondering does the claimant hasthe same time period as me to send to the court their claim and do they need tosend me a copy within the courts timeline.

I wonder this as I have not received anydocuments from the claimant and the deadline was today.

What are people’s thoughts?

JDOG1982

So does no one know if the claimant is under the same timescale as myself and needs to send the court and myself their information (reason) to take me to court.

fatbelly

Their information (reason) is their initial particulars of claim, to which you have responded. The court will now pass on your defence to them.

They may withdraw, or there may be a hearing

fermi

rainbowj63 wrote: »

I have just received three claims CCJ via Mortimer Clarke solictiors for old catalogue debt, I believed them to be statute barred and when I received the original paperwork I did go online and said I was disputing the claim, unfortunately I was going through the break up of a violent relationship, court cases and general poor mental health and did nt follow it through being in a mess, I know this is inexcusable really, but I have nt been well, however these claims landed on my doorstep yesterday and I dont know if I can still challenge them I cannot pay them off and am really struggling.
If I cant get them disalowed as Statute barred then it means my others debts will continue to chase me and to be honest I cant cope with that.
Thanks

Moved to a separate thread.

---> https://forums.moneysavingexpert.com/discussion/5134642

JDOG1982

Hi All

Just to keep you up to date with whats going on.

I received a copy of a letter from the court which they sent to the claimant stating that i have filed a defence and that they must complete the Directions Questionnaire (Form N181).

They have completed this form and sent me a copy, they have stated that they are prepared to settle out of court and they look forward to hear from me to negotiate.

My question is, do i need to respond to the claimant and the court stating that i want to go to court as this debt is statute barred and they STILL have not provided me any proof of debt not being statue barred.

Thanks