Link CCJ for old GE Loan whilst abroad - Set asside- now have to write a defence

[Tilda]

Hi people.

 

I emigrated to Ozz 3 years ago

 

 

in my absense Link Financial obtained a CCJ over an old disputed British Gas

originally finaced by GE money. Link bought the debt from GE.

 

The dispute was over the interest rate charged by GE money for the boiler.

In essence I did no sign the credit agreement.

 

The CCJ was issued on my old UK address. Today the court have agreed to set it aside,

in a telephone hearing which is great, but have instructed me to write a defence letter to Link and also the Court,

 

I acknowledged to the Court that I owe money for the Gas boiler.

 

I am confused as to what to write especially as link have said that due to commercial reasons they will no longer be pursuing the debt

. Will the CCJ still stand or is it dependent on my defence letter?

 

Love some sane advice...Thnaks

[dx100uk]

Have you got it in writing that link the original claimant will not pursue further

[Tilda]

Hi dx, yes I do.

 

 

the judge also had this in evidence I sent to the Court for the hearing.

 

 

The exact wording was ''we have made a commercial decision to cease all further recovery action on the account''

[dx100uk]

then that's your defence

 

 

nothing to defend m'lud

 

 

please refer to the enclosed letter

the claimant has ceased all actions.

 

 

dx

[Tilda]

Thanks dx.

 

The only thing confusing me is if the judge had this inforamtion in front of him, why do I have to file a defence?

 

Assume that the CCJ will be removed anyway

 

Thanks....

[dx100uk]

have you a copy of the claimform or the poc they submitted?

dx

[Tilda]

Hi dx thanks for getting back.

 

 

Unfortunately not as I am in Australia.

 

 

The judge read it out to me, but it only really cited the fact that they doubted that I lived in Australia when the CCJ was lodged 09/10/13.

 

The evidence that I sent in writing to the court proving my Australian residency and dates of entry into the country

was enough to satisfy the judge that the CCJ should be set aside.

 

I will call the court Friday morning for guidance.

 

Thanks...

[dx100uk]

I would assume you need to write a defence to counter the original claim

so whilst on the phone get that

verbatim would be nice.

might be an idea to record the call

[AndyOrch]

You must submit a defence as the claim is proceeding.....only the initial judgment has been set a side....it now starts over.

 

Andy

[Tilda]

Hi dx and Andy,

Really appreciate your advice. So my defence must refer to the original debt only, and why it has not been paid? Link have written to me telling me that they will 'cease all recovery action on the account' so do I ask them who I should contact in order to get this cleared up? eg GE Money, who sold the debt to Link?

Thanks

[AndyOrch]

No ...deal with the claim...get the a copy of the initial claim...submit your defence by the stated date.

[Tilda]

Hi Andy, sorry if i come across as a little simple! So write to Link [ and copy the court] saying that judgement has been set aside, and defend my reasons for non payment? Even if they have stated that they will not be taking any further recovery action?

 

Or just send them the papers I sent to the court that supported my successful action to get the CCJ set aside?

 

Thanks...again!

[AndyOrch]

No need to write to Plink at all...they will be fully aware its been set a side...deal with the court only.

[Tilda]

mmm ok but the judge asked me to write to Link and copy the court!

[AndyOrch]

mmm ok but the judge asked me to write to Link and copy the court!

 

They mean send a copy of your defence to them...not write to them

[Tilda]

Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

[dx100uk]

you will need to write a defence to respond to the POC on the claimform.

 

 

so get that, post it here verbatim if you wish

minus pers details

 

 

then we'll point you to a suitable defence to use/adapt.

 

 

dx

[Dookist]

Ok so...[.am I driving you nuts yet!] write to the Court with my defense referring only to the CCJ and copy Link?

Or do i write a defense as to why the debt went unpaid ?

 

THANKS...

 

Do you think they make these things deliberately confusing? I'm not simple either, but court procedure just leaves me completely baffled..

[panther12]

If judge has set-aside judgment and reverted the process to the claim issued stage and now awaiting your defence to the initial claim, If claimant has confirmed they are no longer pursuing then I think the easiest thing would be to ask them to file & serve a Notice of Discontinuance (form N297) otherwise you'll have to proceed as normal and stick to any dates given.