CCJ entered but process not followed?

httpmse

Received a CCJ notice for about 3 grand, one of these bulk Mortimer Clarke ones (on behalf of NewDay? 

I do owe the debt, but I believe the process in regards to the PRE-ACTION PROTOCOL FOR DEBT CLAIMS has not been followed. 

I was not sent Annex 1 or 2 as listed in the process, nor is the date of the agreement listed as per Section 3.1a(iv), nor a letter of claim sent by post as per Section 3.3. 

 
I’m not trying to get the debt written off, I know I need to pay it, but would their letters not including the information required by the PAPFDC be grounds to challenge the judgement?

fatbelly

Have you received a claim form? If so, please either give the date of issue or date of service.

If you have received judgement, did you defend the claim on the grounds in your first post?

httpmse

fatbelly said:

Have you received a claim form? If so, please either give the date of issue or date of service.

If you have received judgement, did you defend the claim on the grounds in your first post?

I have received a claim form dated 30/04/24
I have not yet issued a defence and the judgement has not yet been made. 

fatbelly

Ok, if that's the issue date, then
Service date 5 May
Acknowledge service by 19 May
Defence in by 2 June

You can indeed raise PAP issues in your defence. You may have others.

I recommend heading over to 

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

If you post there you will get specialised help There are instructions and templates for acknowledging service, sending a CPR letter to the solicitor and a CCA letter to the creditor, and a template defence.

At the end of the process, be aware that if you do get a ccj, it isn't recorded against you if you pay it off within a month

I don't suppose this is something that you've not been paying for 6 years?

httpmse

fatbelly said:

Ok, if that's the issue date, then
Service date 5 May
Acknowledge service by 19 May
Defence in by 2 June

You can indeed raise PAP issues in your defence. You may have others.

I recommend heading over to 


If you post there you will get specialised help There are instructions and templates for acknowledging service, sending a CPR letter to the solicitor and a CCA letter to the creditor, and a template defence.

At the end of the process, be aware that if you do get a ccj, it isn't recorded against you if you pay it off within a month

I don't suppose this is something that you've not been paying for 6 years?

Thank you for the useful info. 
This is only about a year old, so it is not statute barred.