Defending on a CCJ Statute Barred Debt.

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

I am unemployed at the moment so couldn't afford a solicitor .

There is a possibility that you could qualify for fee remission for the defence amendment.

https://www.gov.uk/government/public...-tribunal-fees

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

Hi

If they come up with a random payment, that is when you ask them to prove when, how and where it came from - the onus is on them then.

TBH if it looks bad you could use the free mediation service and arrange a payment plan but there is a way to go till then.

As you are unemployed you should get fee remission and therefore you need to apply to amend your defence, or so it seems to me, however I am not sure the way to do that [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION]

...and anyone else who knows

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Sorry to sound stupid but even if I could change my defence,what would I change it too.Would it just be to state that they have refused to provide evidence to support their case.

If I am completely honest after having time to think about it, I am off a mind to see it through, as I am so convinced that payments where not made.Also as much as I would like to avoid a CCJ if the worst comes to the worse I would assume the court would look at my finances and realise that I have nothing to offer but a token payment.
I don't own my own house,unemployed stay at home Mum,no assests,,15 year old car,all over heads paid by partner.(I know,I'm a right catch)Am not that worried about the mark on my credit file as I have no intention of getting credit again if I can help it.

So knowing all that and if I am still going to defend can I insist on seeing proof of payments and will they need to prove it before any hearing.

Apologies it my post are a bit muddled but just trying to make sense of it all.

I really appreciate the advice given here.

.

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

Heebee

This is exactly the sort of things you would use in your defence

From my understanding you sent a lawful CCA request to Arrow ( which you can prove) and they refused to accept it, you then sent the same cca request to Restons who refused it because they were not the creditor.
According to the consumer credit act a lawful cca request requires a response and if that response is not forthcoming they can not enforce due to the act.

You also require them to produce the default notice and proof by means of assignment that they own the debt.


Did Restons say what was wrong with the CCA request? Did they return the fee?

If Arrow are saying they are not the owners of the debt then they can not be the claimants - simple

Its difficult as its a BH weekend and the start of half term so those with kids might just have buggered off somewhere nice. Probably nothing can now be set in motion until Monday

I am really sorry I can not offer more real help

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

It is a travesty that claims of this magnitude can not get legal aid or no win no fee cases

You say you can not afford a solicitor as you are unemployed- I realise that on JSA you really have no money but some accept weekly or monthly payments

On the other hand, if you have no money, all you can offer them, if they do get a CCJ is £1 a week or maybe even month

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

They have stated that they have no obligation to provide me with the documentation I have requested in the absence of a properly contituated request.Your request is returned to you as it's not accompanied by the relavent statutory fee,made payable to the correct party.

The fee was not returned as it was originally sent to Arrow along with the CCA,who are yet to reply.

In fact I didn't ask Restons for the CCA I just provided a copy of the letter I had sent to arrow along side the CPR request as I think I read on the forum that you should.

Im so grateful for your response Warwick65, I am taking note of it all to weigh up all my options.

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

Hi
Well the fact Arrow have not replied is good - they have received the request and I hope you can prove it was posted and received.

Restons are typical of most of these people who do not read letters

Maybe, and it is just a maybe , you might want to write back to Restons ( just send it first class and get proof of posting saying something like

Dear Sirs
Further to your letter dated xxxxxx, you seem to have misunderstood the content of my letter xxxxxx. I had enclosed a COP of the request I sent to your clients. This was a courtesy on my part to keep you informed, I am sorry you misunderstood. Enclosed with that request sent to your clients was a cheque/postal order ( deleted as approbate) for the statutory fee of £1.

Yours
Heebee23


Hopefully someone will advise soon on how to word a request to Restons about amending your defence , this could be included in your letter

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

I sent it signed for next day delivery.


Just checked back on the original letter I sent to Restons regarding the CCR and I have highlighted below the paragraph the confirms that a copy of the CCA was sent to their client.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 22/05/2017.

But I will do as you say and confirm this with them.

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

Given your apparent circumstances, if it were me I'd definitely check out fee remission for the amended defence.

It would be a good idea to write to the Claimant via the solicitors to seek their consent. Give them 7 days to reply, failing which you reserve the right to apply to the court without further recourse to them (Claimant).

Nb Seeking consent does not mean you will actually go ahead, but it will indicate to the Claimant/sols that you are not going to be a pushover!