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HI I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse. I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording I want to defend on the basis that 1. Id like a copy of the CCA agreement 2. I want statements to check the balance 3. The loan is statue barred 4. There is PPI on the loan Can someone help please? Thank you
Date of claim: 27 May 2015 What is the claim for – Claimants claim is for sum of 51xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Coop under account ref xxxx/xxxxxx and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant. The defendant failed to make contractual repayment under the terms of the agreement and a default notice has been issued which has not been complied with. What is the value of the claim? £6k + Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser (via solicitor) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, don't remember receiving NOA but would assume this has been sent Did you receive a Default Notice from the original creditor? Yes, dated 28 April 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of Why did you cease payments? Advised by Citizens advice, made an offer to pay non priority debts in Dec 2007 the offer was rejected by original claimant and no further payments made as I had priority debts to pay What was the date of your last payment? Some time before Dec 2007 (at least 6 months before) Was there a dispute with the original creditor that remains unresolved? As above really, the account had gone into arrears and despite making offers to pay it was rejected Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan? Yes, via CAB in Dec 2007 Acknowledgement of service was submitted on 02/06/2015 and I will send CPR 31.14 request today (see my next post below) I wrote to Claimant on 16 April 2015 as letter arrived out of the blue using statute barred template, they responded on 24 April. 'Our clients position is that the limitation period runs from the date original creditor became entitled to demand payment. The account fell into default on 03 July 2009, therefore it is not statute barred and remains payable' I have (as above) default notice issued via original creditor dated 28 April 2009 (with a date of 12 May 2009 arrears to be cleared) this letter makes mention of 'termination' which I would understand would be from 12 May 2009 but may this not be the case. Is it the claimants argument that the date they mention above would be default notice + say 28/30 days then termination date plus 28/30 days? That is the only way I can get the dates to tally? I have also letters from CAB showing an offer to pay arrears was made in Dec 2007 would argue that my account was probably in default at this time but I only have the above at the moment. as I understand it this is going to hinge over a 4 month period (if the 2009 dates are used) but it seems this is statute barred, what are others thoughts. This would be the basis of any defence which I hope to make. Regards
hi can someone point me the right direction please. yesterday i recd a ccj blue form from northampton court from Nelson Guest Solicitors regarding and old HBOS credit card, i dont know when i last paid this but my credit file shows date of default was 20/3/2009 !! i stopped paying my credit cards when i had to reduce my hours at work due to childcare and then i relocated jobs and just couldnt afford to keep up wih the repayments . i have been offered a reduction on this debt in the past but couldnt afford to pay. after reading other posts on here please advise should i aknowledge the debt with the court and ask for an extension of the time limit should i send a CPR request to Nelson Guest and a SAR request to HBOS. or should i just try to negociate a payment plan with nelson guest ( will this stop the CCJ ) thanks