How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I've received a ccj claim for a debt 8 years ago, each contact

Customer Question

I've received a ccj claim for a debt 8 years ago, each contact they made the docs come as Stephen not Steven as is my name, I have asked for a copy of the agreement previously but not received it, I asked for details of the debt but they sent a 1 line statement. There have been a few collection agents involved and each time I asked the same and got nothing, finally I live and work in hamburg, Germany. The claim for and initial solicitor letter was delivered to the UK address were I return sometimes each wk other times each two wks.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
In the last six years have you received a formal demand for the debt?
Is this just a claim form you have been served with or is it a final CCJ?
Who has issued the claim?
Kind regards
AJ
P.S I logon periodically over the weekend, please do not be concerned if you do not here from me right away, I will respond as sometimes I will go offline to work on a response. Kind regards AJ
Customer: replied 2 years ago.
The claimant has made contact during this time by mail with written communication, debt agents, and also solicitors, I asked the collecting agents for the agreement, nothing was received,
I asked for details of the debt but a 1 line statement appeared.
I have received a ccj claim not a judgement.
Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Do you dispute the debt?
I will write a response offline and post it tonight.
In the meantime can you tell me how long you have left to acknowledge the claim? Does the claim come with a particulars detailing the basis of it?
Kind regards
AJ
Customer: replied 2 years ago.
Hi,
A solicitor on behalf of lower finance who bought the claim from ee mobile who purchased t mobile, all was very confusing, there is 5 days left to respond,
No basis other than the debt been unpaid
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately under the Civil Procedure Rules they have to prove their claim. If they cannot show the debt was incurred or show the agreement the debt relates to then they should not have brought the claim in the first place.
You are going to have to respond to the claim and at this stage you should perhaps just acknowledge the claim, so you can extend the time for serving a defence.
If they won't provide you with the particulars then you should consider applying to have the claim struck out under the Civil Procedure Rule3.4(2) on the basis that they have no grounds for bringing the claim. This is done on a form N244
I would go and complain to Trading Standards and the regulator Ofcom. www.tradingstandards.gov.uk
The problem you have is if you do actually owe the money you would just be better off paying as opposed to risking a County Court Judgment. If this is a case of mistaken identity then you should vigorously pursue a complaint with Trading Standards.
I look forward to hearing from you.
Kind regards
AJ