UPDATE #3 N244 / CCJ is put aside. Next step

fatbelly

I think I would email those extra bits.

Legalbeagles is good on these things. The setaside hearing may be just the start if the claimant thinks they can run with this and prove you acknowledged the debt in that six-year period.

On the other hand they may know they are bluffing and give up. Either way the default letter is an important bit of evidence

sourcrates

Just to add, the more evidence you can submit, the better your case will be.

foreverinhope

Ok. An update of what happened and questions at the bottom.

So 2 days before the hearing, the claimant (Hoist Portfolio/Robinson Way), emailed an agreement to consent to have ccj put aside. I signed and retuned it and they forwarded it to the court.

I didnt hear anything from the court or claimant so was all ready on the day for the telephone hearing. No call came and i got worried. I tried to call the court on a different phone but couldnt get through.

But 2 days later a court letter came through confirming the CCJ was set aside and I have 14 days to put forward a defence.

My defence is that its Statute Barred:

- the default date on my credit reports is April 2010.

- CCJ claim was made Dec 2018

- they say i made a payment in June 2013.

- I have no record or memory of that payment.

- I asked Hoist for full details of that payment before the hearing.

- Hoist said they would contact the creditor to get all the details (from 2013!).

- I'm still waiting for any info.

My defence is that no payments were made and so stat barred.

QUESTIONS.

What should I be now be asking for from Hoist Portfolio/Robinson Way? - CCA / SAR / anything else?

To help with my defence - and what should I do if the info doesnt come thru to me in time for the 14 days?

 Thanks for all your help so far.