Court Date Arrived T Put Aside Ccj Judgement, Asset Link Capital *WON* Case struck out

[manchester1]

Hi Guys,
I have just received date for hearing to put aside a ccj judgement in favour of a well known DCA. The reason why it got to ccj was because i got to this site a bit too late!!. On my N244, i stated that my evidence in support was

a) That during my 14 day extention , i did write to claimant asking for them to negotiate with me on the debt ,and also to explain to me where all my payments over the last 2 yrs had been allocated. They chose not to respond until the last moment. They have a obligation to ACT REASONABLE IN THEIR DEALINGS WITH ME,and did not do so.

b) I have applied for a cca request from the dca to validate debt

c) i have sent S.A.R - (Subject Access Request) to dca to show make up of debt.


b&c were done after ccj judgement had been made

Todate i have only received a statment of my account showing payments made , but no breakdown of fees , costs etc.No response to CCA , and by court date will be over the 1 month, and committed a offence.


In addition to above and after researching on this fantastic site, i am thinking of requesting a copy of

1) Default notice
2) Notice of assignment

Notice of assignment is important because if DCA has bought debt then he can take me to court in his sole name, however if debt is assigned (and still belongs to OC ) ,then OC needed to have been on the CCJ claim form, which was not the case?. I am trying all avenues to get the judge to put ccj aside and give me another hearing to defend it.

Thoughts of all would be appreciated.

Manchester1

[manchester1]

Bump

[manchester1]

In addition to above should i also do a CPR request for the hearing just in case DCA come up with a CCA and catch me unaware???. INPUT APPRECIATED.

Manchester1

[manchester1]

bump ,can this be moved to debt collection industry probably get some feed back

Manchester1

[42man]

It sounds likely to me that they do not have the CCA which you know is an absolute defence, you can send off the CPR to the opposing solicitors.....(send it by recorded and do not hand sign)...you won't see an assignment of the debt from the OC to the DCA....but you should have received a default and a letter from the OC saying that the account has been passed on to DCA....At what stage are you at with the CCA ? when are the time limits up for it ?

[42man]

You can get an adjournment, requesting the judge to order the DCA to comply with your CPR request otherwise you cannot compile a proper defence due to unenforceability of agreements, excessive charges, correct default notices etc etc...

[pt2537]

Hi there,

Firstly, how old is the CCA?

can i ask did you enter a defence when you received the court claim? if not why not?

Once they have a CCJ it is an uphill struggle to get it set aside and you do need good grounds for this,

can i ask , when you recieved the claim form initially, who was the claimant on the form? was it the OC or the DCA?

it would be good to know what we are dealing with here fully

[manchester1]

Hi Guys , Sorry for taking time to reply, work ,kids and forgetting my password all contributed . To answe your questions

CCA is roughly around 7-8 yrs old

I did not defend the ccj through the courts because i did not know how the process worked (this is before i knew of this website). I stupidly tried to open negotiations straight with DCA , asking them were my previous contributions had gone too and would they accept a lower amount they received my letters but waited till my extention time was over and then replied " thanks for your letter but talk to the court"

The claimant was the DCA not the OC


Thoughts Guys

Manchester1

[pt2537]

Sorry, i meant to ask how old is the CCJ ? how long ago did they take you to court?

[manchester1]

10th april 2008

[pt2537]

Ah ok thats not too bad i guess, in some cases we see the CCJ is years old and to be honest in those cases, its really pointless trying to get them set aside

in this case, it all depends upon the strength of your arguement

i will have a good look over the thread tomorrow as i am about to go out now

[manchester1]

Have a good night

Manchester1

[manchester1]

PT2357/42MAN.if you guys are around could we have a chat about wether i need to cpr the dca or should i be asking the judge to put the ccj aside using the argument that cca have not been produced ,which questions the validity of the debt etc etc.


Manchester1

[manchester1]

Hi Guys, My court date for attempting to set aside a ccj judgement is on the 9th june. I have never been to court before so would not mind a few pointers in the right direction . Do i

a) Sent in my defence now to the court
b) Take a writen version and read out to court
c) Submit a CPR request asking for sight of what claimant are going to rely on

Thoughts please

Manchester1

[pt2537]

Hi there,

What has the court said with regards to the hearing? have you been told to do anything or submit anything?

[aspire39]

Hi manchester1,ive just been to hearing to get my ccj set a side which i did manage to do,it was not too bad of a hearing,judge asked me about the debt which i said i did not recognise and had not had any dealing with the dca from time of default(dec 2002 till nov 2007 which is when i got the ccj) I told the judge that the Dca sent court papers to an old address which i had to prove,lucky i had sols letters handy that delt with sale of my house,told judge also that i sent cca request to dca 31st dec and till date(28th may) had no reply.Judge set a side judgement and told Dca they had to file and serve signed cca/full breakdown of amount claimed/signed application for loan by 25th april and i had then 14days to file a defence.Ive not been served any docs from Dca sols and have reported this to court,in the mean time court have sent copys of docs that Dca`s sols had faxed to court so i can get a defence together which im getting a lot of help with the great people of the site...
Take what evidence you think will be relevant and help you with your case, the more and the better thats what i did...