3 CCJs received - too late?

rainbowj63

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

fatbelly

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

Are you saying that 3 claim forms arrived yesterday and you have already been on to the MCOL site and acknowledged service, saying that you intended to defend each claim in full?

If so, good.

You now have 5 + 28 days to defend the claim from the issue date, which should give you time to go over to legalbeagles and get their help to put a defence together.

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

When do you think you last acknowledged these debts by payment or in writing?

When did you first take out these agreements(year)?

Did you ever sign a consumer credit agreement (cca) for them?

Did you request a copy of your cca?

On the other hand, when you say that you received 3 claims yesterday do you mean that you received 3 x county court judgements (in default)?

I'd still be interested in the answers to those questions though, before we look at the bigger picture.

rainbowj63

No they werent the claims, I missed out on the 28 days to do the defence as I became unwell, so I think Ive just shot myself in the foot, they are definiely statute barred as I checked the dates, I have been looking into the idea of getting them set aside but it looks like this is nigh on impossible and will involve me actually attending court which I dont think I am well enough to do at the moment.
I do have mental health problems and am on medication and was hoping to put in a good defence why I did not submit my reasons for disputing the debts in the 28 days, I am so cross with myself, at least I know for the other debts
Any ideas and thanks again for your response

rainbowj63

I dont think any of these debts should be listed on my report as its over six years.

fermi

It may be worth writing to the creditors explaining your illness etc and especially the mental health aspect.

That you also believe the claims were statute barred and that you would have an excellent prospect of having them set aside given that and the mental health issues that prevented you responding to the original claim, and that you can provide evidence of this to the court.

That you request they cooperate and do not oppose having the CCJ set aside on these grounds without needing a hearing, which would save them unnecessary costs, and them the embarrassment and bad publicity of forcing someone with those mental health issues into an unnecessary and stressful court hearing.