Need help with defensive after successfully setting aside ccj

Babynoahsmamma_2

Hi guys, new to the forum so hope I am posting in the right place!

Basically we have successfully had a ccj set aside due to the fact they served the original papers to an address we have never lived at. The order of the court was they needed to pay our costs, send us particulars of claim within 14 days and for us to then file a defensive with the court and send a copy to the claimant within another 14 days. They have no fulfilled their orders and I now need to do a defensive.

I don’t have a clue:(, Do I just find a template online and change it to suit? (Our defensive is statutory barred) but how do I go about making sure it reaches the right people?, do I need to send it with a covering letter ect.

I would really appreciate some advice on the matter. Thank you.

Babynoahsmamma_2

Sorry meant to say they have now fulfilled their orders, teach me for not checking what I write sorry

[Deleted User]

You would just write that your defence is that you believe it to be statute barred.

No need for any template - it's likely to lead you into sending something which is incorrect.

Babynoahsmamma_2

Is their not certain things I need to say and it be set out in a certain format to be accepted

PixelPound

You just state that the debt is SB, and its up to them to show otherwise. Please bear in mind that they may have such evidence and you will get a CCJ. Your defence needs to include all reasons as you won't be able to go back with another challenge route if your first is rejected.

Babynoahsmamma_2

So literally write a letter stating the bill is statutory barred, then send a copy using my courts address and do the same to arrow global? Obviously I will need to include court ref numbers ect

[Deleted User]

Statute barred.

GM1880

Can I ask a couple of things?

1) Why do you think it’s statute barred?
2) if push cane to shove could you find the money to pay it off?

Reason I ask. If you’re defence is solid, great. But otherwise you can still avoid the CCJ by paying off in full within 30 days of the judgement. Always worth planning for the worst.

PixelPound

GM1880 wrote: »

Can I ask a couple of things?

1) Why do you think it’s statute barred?
2) if push cane to shove could you find the money to pay it off?

Reason I ask. If you’re defence is solid, great. But otherwise you can still avoid the CCJ by paying off in full within 30 days of the judgement. Always worth planning for the worst.

Think this was sort of what I was getting at, if they can pay it within 30 days, then no harm in defending, as they can pay off the CCJ should they lose.

Otherwise the OP needs to be definite that it is Statute Barred, because if they pu that as the defense and the creditor can show that it isn't, it will get chucked out and a CCJ awarded. It can be allsorts, like if they had a debt management company look after their debts for a while or the result of a previous PPI claim.

Babynoahsmamma_2

Yes it is statutory barred, never been involved with any debt management companies so no change a payment was made that I wasn’t aware of either.

Just to query now it has been set aside has the statutory barred clock started ticking again seen as we have been moved back to the situation we were in before the originally judgement? If so I have written confirmation from arrow global that it’s statutory barred. They claim in a letter they sent me that we defaulted on 3/12/11 but they got their original judgement on the 26/07/17 which isn’t quite 6 years according to them. But had the clock started ticking again it would make my defensive a lot easier as I would have written proof from them it’s statue barred

PixelPound

That's correct, the original judgement date was within 6 years, as you would expect. The claims form was issued within 6 years so it isn't statute barred. It effectively goes back to the claims stage