CCJ Advice Urgently Needed Please

[cherry_pie]

Hi All

My circs have recently changed (separation, loss of job, with dependants)

And after one thing and another amd in a mess debt wise,

Am n the process of sorting it, have agreed very reduced token payments with a couple of debtors.

However, one of them (Next Directory), has now instructed Solicitors, and I have CCJ papers.

My query is, I remember ages ago, sending them a letter (as advised by CCCS) requesting copy of signed agreement.

They never sent me one, just some letter about how I am still legally obliged to pay.

Looking on this site today (which is FANTASTIC by the way), it appears that I could have refused to pay/agreed to pay less?????

 

I need to send these letters back today/tomorrow as due by 24th

So any advice would be gratefully received

Thanks

[debbbbsy]

I need to send these letters back today/tomorrow as due by 24th

 

Hi, not sure at what stage your at, but the first response to the court claim is to acknowledge the service, this can be done online. You can ring the courts to get confirmation. You'll then have until the 1st week of January to put in your defence.

 

They never sent me one, just some letter about how I am still legally obliged to pay.

 

They are sort of correct, failure to provide your credit agreement, doesn't mean the debt disappears. What it does mean, and very important, without the agreement the debt is not enforceable in court.

Your next step,(Clearly Next don't have your agreement, or they would have complied) Acknowledge the claim online. You intend to defend the claim in full.

Send the solicitor who instigated the claim a CPR 31.14. Use the wording on the POC, to specifically request the documents they refer to & rely upon to enforce the claim. They have 7 days to comply.(Because of weather & x-mas send special delivery).

Your defence will depend on how they respond.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Good Luck

Debs