Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Defence to CCJ

  1. #1
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    Default Defence to CCJ

    I have recently received a CCJ and defended it within the time scale set. I have received an allocation questionnaireicon and have now read about PPIicon's and want to include a defence against the unfair PPI i was sold. Am I able to change or amend my defence to include this fact?
    Thank You

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  2. #2
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    Default Re: Defence to CCJ

    Quote Originally Posted by chuckl1es View Post
    I have recently received a CCJ and defended it within the time scale set. I have received an allocation questionnaireicon and have now read about PPIicon's and want to include a defence against the unfair PPI i was sold. Am I able to change or amend my defence to include this fact?
    Thank You
    Hello Chuckles,

    Just saw your question. I would have thought that you can amend your defence to include this. I am unsure if it will cost money to do this. Maybe ring the court of advise.

    I personally would put a new threadicon on the general debt forum for advise on this, there are a lot of very knowledgable members on there who will be able to give a lot more advise than myself. Possibly send tomterm8 or rory32 a private message.

    Good luck and keep us posted.

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  3. #3
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    Default Re: Defence to CCJ

    What you need to do is give an intention to Counterclaim. With the Allocation Questionnaire send a list of suggested directions
    1. The Defendant be permitted to file Counterclaim as per the attached draft
    2. The Claimant be permitted to file defence to the Counterclaim within 21 days
    3. Costs in the case
    Then attach to it a Particulars of claim (Im not sure if there is one on here you can use HHNF & REid will know) change the Particulars of claim to Counterclaim & put in the amounts you are looking to claim back for the PPIicon plus interesticon you may have to file a fee for the aqicon the fee shouldnt increase for doing it this way. Send a copy separately to the Claimants Solicitors. If you need anymore help with the AQ shout up. I can help with anything to do with the Court PRoceedings as thats what I do for a living but cant give you any info on the missold PPI as Im as much in the dark as you

    HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06
    HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06
    Capital 1 SADR 11.10.006
    Halifax Visa SADR 11.10.06
    CITI SADR 12.10.06
    HSBC Gold card SADR 23.10.06

  4. #4
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    Default Re: Defence to CCJ

    Quote Originally Posted by hellhasnofury View Post
    Hello Chuckles,

    Just saw your question. I would have thought that you can amend your defence to include this. I am unsure if it will cost money to do this. Maybe ring the court of advise.

    I personally would put a new threadicon on the general debt forum for advise on this, there are a lot of very knowledgable members on there who will be able to give a lot more advise than myself. Possibly send tomterm8 or rory32 a private message.

    Good luck and keep us posted.
    Thank you. How do I put a new threat on? Sorry, a bit new to all this !


  5. #5
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    Default Re: Defence to CCJ

    Quote Originally Posted by Jaynekul View Post
    What you need to do is give an intention to Counterclaim. With the Allocation Questionnaire send a list of suggested directions
    1. The Defendant be permitted to file Counterclaim as per the attached draft
    2. The Claimant be permitted to file defence to the Counterclaim within 21 days
    3. Costs in the case
    Then attach to it a Particulars of claim (Im not sure if there is one on here you can use HHNF & REid will know) change the Particulars of claim to Counterclaim & put in the amounts you are looking to claim back for the PPIicon plus interesticon you may have to file a fee for the aqicon the fee shouldnt increase for doing it this way. Send a copy separately to the Claimants Solicitors. If you need anymore help with the AQ shout up. I can help with anything to do with the Court PRoceedings as thats what I do for a living but cant give you any info on the missold PPI as Im as much in the dark as you
    Hi,
    Thanks for that. So to clarify, its still ok to issue a counterclaim and amended defence even though we are at allocation stage and i have already lodged a defence? Can I ask for more time as my deadline is tomorrow?


  6. #6
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    Default Re: Defence to CCJ

    No you cant ask for an extension for the aqicon really if you dont file it within about 10 days you will rec an Order from the Court ...if the Def doesnt file his AQ within & gives you another 14 days judgment will be entered for the Claimant so you do have a few days grace yet. You can file an amended Defence and Counterclaim with the AQ thats the time to do it without it costing you anything

    HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06
    HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06
    Capital 1 SADR 11.10.006
    Halifax Visa SADR 11.10.06
    CITI SADR 12.10.06
    HSBC Gold card SADR 23.10.06


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