Egg Loan Ccj Can I Set Aside No Cca?

[SHELBELLE]

Hi

I have just been reading a post about getting a CCJ set aside and need some help::~

I was given a CCJ last July, before I knew anything about CCA'S and this forum, I have since CCA'd the DCA, and they haven't come up with the CCA, they have written to me saying that my account is on hold etc etc. I have still made the payments set by the court. It was the DCA who took me to court not the OC.

Just wanted to know if I could do this and what the procedure and costs involved were.

All help greatly appreciated.

S.B.

[palomino]

I suspect it's too late now.
Unless you can come up with a good reason why you didn't use this as a defence to the original claim you are stymied.
Not knowing about it isn't a good reason.

[SHELBELLE]

Palomino, thank you, I did think that BUT in the other post I read, they were discussing this and that persons CCJ was in 2005.

Now I am totally confused!!!:con fused:

Never mind it was worth a try.

Thank for the advice.

S.B.

[palomino]

I'm sure others will be along and be able to put a different slant on it.
Can you remember the other thread? Maybe the grounds for applying for a set aside were different.

[fuzzybobble]

I read a thread a month or so ago about having a CCJ set aside due to no CCA being available. If you have a search, I'm sure you'll find it.
I'll look myself when I return home tomorrow, and post it here if I can find it.

[SHELBELLE]

Fuzzybobble

I thought I had seen something as well, I will keep looking.

Thanks

S.B.

[tinkerbell20]

Was it a default judgment? If so once you get confirmation they don't have acca or that they have an unenforceable one you can make application to set aside the Judgment.

[SHELBELLE]

Tinkerbell

I can't recall, got a bit involved with reading it and lost my way.

I am going to keep trying to find it.

Do you know the procedure to start a default judgement?

Thank

S.B.

[palomino]

Originally Posted by tinkerbell20

Was it a default judgment? If so once you get confirmation they don't have acca or that they have an unenforceable one you can make application to set aside the Judgment.

For any reasonable chance of success you have to this pretty quickly. I would have though that a year later is a bit too late. Mind you yiou never know until you try it. Depends if you can afford the £75 to lodge a set aside.

[tinkerbell20]

Originally Posted by palomino

For any reasonable chance of success you have to this pretty quickly. I would have though that a year later is a bit too late. Mind you yiou never know until you try it. Depends if you can afford the £75 to lodge a set aside.

I have a friend who had charging order removed and default judgment removed because it was default judgment and no CCA. Think it was about 10 months after default judgment.

[SHELBELLE]

Palomino

Might be able to raise this at end of month!! Do I just contact the court??

Cheers

Tinkerell, There may be a glimmer of hope, have I got anything too loose??

S.B.

[tinkerbell20]

You ask for a N244 application form. It costs £75 though if you are on benefits or low wage you wo't have to pay.

My friend had a £15k charging order on their house. That and judgment has gone and creditor lost the £15k too.

[SHELBELLE]

Tinkerbell

Ok I will look in to it, afraid I will have to pay the £75 though!!! damn.

What a great result for your friend, bet the creditor was happy NOT!!!


S.B.

[tinkerbell20]

Yup you could certainly say that................: D