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    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

9 yr old ccj needs reinstatement


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how do i apply the county court to request a reinstatement of the 2007 ccj. Or is there a specific form to request this or extension.

 

google doesnt seem to come up with anything.

 

i was the claimant and was unable to enforce the ccj becuase when i had won the ccj the defendant moved and i hadnt been able to locate him until now. so i need to know what form i need to fill in in the hopes the court will brign it back to life and allow the high court writ to happen

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You won't exactly need to reinstate the judgement, but you will need to get permission to enforce it. You will need a form N446 available from the County Court's website

 

This article may be of interest to you - http://www.sleeblackwell.co.uk/blogs/enforcing-court-judgment-debt.html

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You won't exactly need to reinstate the judgement, but you will need to get permission to enforce it. You will need a form N446 available from the County Court's website

 

This article may be of interest to you - http://www.sleeblackwell.co.uk/blogs/enforcing-court-judgment-debt.html

 

Before you can do that the OP will probably need to make an application using form N244 for permission.

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As advised you will need to make application (n244 with hearing £255 fee) to request permission to enforce a judgment after 6 years.

 

Dont just submit the N446.

 

Andy

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Time Limits for enforcement of judgments

 

21. Section 24(1) of the Limitation Act provides that an “action” shall not be brought on anyjudgment more than 6 years after the date on which the judgment became enforceable.

This section applies only to a judgment obtained in England or Wales, but the limitation period in relation to a foreign judgment is also 6 years on the basis that such an action

is a simple contract debt.

 

22. While the term action is defined as including any proceedings in a court of law, it should be noted that s.24 is not concerned with procedures to enforce judgments already

obtained but only with substantive rights to bring an action on a judgment.

 

23. It is not an abuse of process for a judgment creditor under an existing judgment to pursue a second action within six years based on that judgment in order to protect its position

on the enforcement of its rights for the recovery of a debt. Judgment in the second action will start time running again.

 

24. While there is no statutory time limit for enforcement of a judgment other than by action, writs of execution can only be issued with the court’s permission if more than 6 years have elapsed since judgment. Permission will only be granted in exceptional cases.

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That would form part of your reasons in the application.

 

There will a Court hearing and the other side may contest it and there's no guarantee you'll win.

 

There's also the possibility of a costs order being made against you if you lose, and even if you win.

 

[ATTACH=CONFIG]66984[/ATTACH]

 

do i add the case number next to the judgement summons?

 

Ignore this for now, you need to do the application first.

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