Help!!! CCJ

Bambichops

Hey,

I am still relatively new at all this, so please be gentle. Anyway, I recently defended a CCJ claim through MCOL, I received a letter from the court to say that they had sent my response to the claimant, and that they had 28 days to respond or the claim would be stayed. Frustratingly, they have responded on the very last day to do so to say that they wish to proceed. I am panicking now as the reason I defended the claim was because I believed that it was statute barred as it has been many years since I last had any communication with the debt in question. Now I am wondering what my options are as I do not want to be left with this debt if it is actually statute barred, but I have also been working really hard to repair my credit file after abusing it in my younger days. I do not want to be given a CCJ but am I now out of time to request details of the account from the debt collectors just to be sure that the debt is statute barred or if in fact I need to arrange with them to pay it??

Many thanks!

fatbelly

Hey

Always gentle here...

That's the way it works - you say it's SB, they say it isn't, the courts decide.

No, it's not too late to get information, and the courts should require evidence to be sent from the claimant to be sent to them and you (filed and served)

For good advice head over to

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

sourcrates

Continuing the gentle theme,


if you know darn well you have not made any payments to this debt for 6 years or more, then you can be pretty confident in your statute barred defence.


But, when you ask the creditor for information, do not be surprised if they magically produce a spread sheet with say, for example, a £4.99 payment made to the account, 2 years ago, from an unknown source.


It does happen on occasion, the creditor will attempt to deceive you into thinking you made this imaginary payment, in order that you drop your defence and admit to your sins.


Do not be fooled or put off by this, they would never send this information to a court, only to you, stand your ground, follow the advice on legal beagles, all will be well.