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CCJ Defence form help!

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  • #16
    Re: CCJ Defence form help!

    Thanks Nem!
    my noddle account does not even show this debt so i presume the info they bought didnt include this debt yet clearscore/equifax have this debt.
    Confusing a little!

    Comment


    • #17
      Re: CCJ Defence form help!

      Originally posted by nemesis45 View Post
      A happy new year Sam!!

      nem
      Is there a default date on Equifax.

      nem

      Comment


      • #18
        Re: CCJ Defence form help!

        Hi Nem,
        Found the default date which is October 15th 2010..
        So do i just write a defence quoting the Statute barred wording or do i need to put something else?
        Thanks

        Sam

        Comment


        • #19
          Re: CCJ Defence form help!

          Originally posted by sam8585 View Post
          Hi Nem,
          Found the default date which is October 15th 2010..
          So do i just write a defence quoting the Statute barred wording or do i need to put something else?
          Thanks

          Sam
          Great Sam,

          Are you absolutely sure that no payments and/or written acknowledgment of the debt at anytime after the default date?

          If that's the case yes SB is a complete defence.

          nem

          Comment


          • #20
            Re: CCJ Defence form help!

            Thanks Nem,

            Yes positive i have made no contact regards the debt. Also a question i never received any paperwork from them for a good part of 9months not even final settlement just the letter from the court. Is this legal by law or do the DCA do this alot?

            Thanks Nem i shall quote the full definition and get it sent recorded delivery asap.

            Sam

            Comment


            • #21
              Re: CCJ Defence form help!

              Originally posted by sam8585 View Post
              Thanks Nem,

              Yes positive i have made no contact regards the debt. Also a question i never received any paperwork from them for a good part of 9months not even final settlement just the letter from the court. Is this legal by law or do the DCA do this alot?

              Thanks Nem i shall quote the full definition and get it sent recorded delivery asap.

              Sam
              Good luck Sam!!

              Comment


              • #22
                Re: CCJ Defence form help!

                HI NEM or whoever can help. I rested my defence on statute barred defence but having gone on my credit file the default has dropped off. Now I have entered into a mediation but havent a clue what to do any help please..

                Comment


                • #23
                  Re: CCJ Defence form help!

                  Originally posted by sam8585 View Post
                  HI NEM or whoever can help. I rested my defence on statute barred defence but having gone on my credit file the default has dropped off. Now I have entered into a mediation but havent a clue what to do any help please..
                  Hello Sam,

                  Has the claimant responded to your defence?

                  nem

                  Comment


                  • #24
                    Re: CCJ Defence form help!

                    HI NEM,

                    Not heard a peep off Lowells other than they have entered into mediation too.
                    Really worried as I know lowells have a habit of bending the truth.
                    I think im going to say in mediation this debt is stat barred and as a goodwill gesture pay a v small amount or should I not even bother?
                    Thanks

                    Sam

                    Comment


                    • #25
                      Re: CCJ Defence form help!

                      [QUOTE=sam8585;717484]HI NEM,

                      Not heard a peep off Lowells other than they have entered into mediation too.
                      Really worried as I know lowells have a habit of bending the truth.
                      I think im going to say in mediation this debt is stat barred and as a goodwill gesture pay a v small amount or should I not even bother?

                      Hello Sam,

                      OK anything mentioned in mediation CANNOT be used in court.
                      Lowell has not supplied any documents to support their claim which is for a mobile contract ( they will argue that they don't have to produce any agreement/contract.
                      Have you had the mediation questionnaire?

                      nem

                      Comment


                      • #26
                        Re: CCJ Defence form help!

                        Thanks Nem for the swift response.
                        Your quite right I havent received any docs and my mediation is soon. I chose it because I thought it would look good if it went to court that I tried to resolve the matter. If this went to court does the judge ask for the original credit agreement/notice of assignment papers?

                        Sam

                        Comment


                        • #27
                          Re: CCJ Defence form help!

                          Originally posted by sam8585 View Post
                          Thanks Nem for the swift response.
                          Your quite right I havent received any docs and my mediation is soon. I chose it because I thought it would look good if it went to court that I tried to resolve the matter. If this went to court does the judge ask for the original credit agreement/notice of assignment papers?

                          Sam
                          Unfortunately there is no CCA Regulated Agreement for a mobile phone service which is a " Service Contract".

                          Statute Barred Is a complete defence IF the debt was stat barred on or before the claim was issued.

                          Personally I would not be making any offer of " a gesture of goodwill " at this time.
                          Do you have a date for mediation yet?

                          nem

                          Comment


                          • #28
                            Re: CCJ Defence form help!

                            HI NEM, yeh it is in a few days time so I will be complety stumped in mediation as they will ask for payment I presume. As far as it goes I presume lowells have to provide some sort of agreement at court other than a piece of paper they printed off yesterday?

                            Sam

                            Comment


                            • #29
                              Re: CCJ Defence form help!

                              Originally posted by sam8585 View Post
                              HI NEM, yeh it is in a few days time so I will be complety stumped in mediation as they will ask for payment I presume. As far as it goes I presume lowells have to provide some sort of agreement at court other than a piece of paper they printed off yesterday?

                              Sam
                              Hello Sam,

                              Stick to your belief that the alleged debt is statute barred and was so when the claim was issued I suspect the mediator will ask you if you have all the documents you need to enter the mediation process, your answer is obviously in the negative, he/ she may discontinue the mediation and refer the claim to your local court.
                              If this happens I would try to say the alleged debt is SB and see if the mediator will put this to the claimant.

                              nem

                              Comment

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