CCJ Geoffrey Parker Bourne CCA non compliance

[andrew1]

Got an old credit card account I've been paying bits back on over a couple of years. Bank obtained CCJ ( probably justifiable in this case I believe) back in 2003. GPB keep arrangement going occasionally threatening a Warrant of Execution - I pay a bit and they go away. I CCA Requested them back in September but have had nothing back at all so they have defaulted today on the 12 + 2 + 1 Month dates.

I received a letter asking to contact them ( usual Warrant of Execution stuff) and when I rang to make a payment, usual tele ops crowd wouldn't deal with it and said it's with the heavy legal dept only work Mon-Fri 9-5 - That sounds like the heavy department. :o

So - with the CCA request now run out what should I do and how does it leave the debt situation?

[skinttrev]

I think ,and hopefully someone else will confirm this,but as they have already secured a CCJ,a CCA request at this stage to them will prove pointless.I think you will need to approach the issuing court for a stay on the CCJ as you have discovered irregularities (no CCA compliance and documents).However,you may be out of time as I think you only have 12 months to make an application against the CCJ.Don`t take this as gospel its just my understanding.
Good Luck.

[nathal]

yes, a ccj for this debt, leaves you liable, as they would have to have produced evidence at court for the debt

[andrew1]

Originally Posted by nathal

yes, a ccj for this debt, leaves you liable, as they would have to have produced evidence at court for the debt

I never put in a defence at the time so I never saw if they produced the agreement or not - would that make any difference?

This is just one of those accounts which I didn't act fast enough with and didn't negotiate my way out of - My sweet talking will have to start here !

Thanks for the input you guys.

[lookinforinfo]

As they haven't responded to your request, surely the account is in dispute
and they can take no action. You can report them to Trading standards
since they have committed a criminal offence.

See this thread on how to do it- [Stiffnuts is from TS]

http://www.consumeractiongroup.co.uk...st-360884.html

[stiffnuts]

Originally Posted by andrew1

Got an old credit card account I've been paying bits back on over a couple of years. Bank obtained CCJ ( probably justifiable in this case I believe) back in 2003. GPB keep arrangement going occasionally threatening a Warrant of Execution - I pay a bit and they go away. I CCA Requested them back in September but have had nothing back at all so they have defaulted today on the 12 + 2 + 1 Month dates.

I received a letter asking to contact them ( usual Warrant of Execution stuff) and when I rang to make a payment, usual tele ops crowd wouldn't deal with it and said it's with the heavy legal dept only work Mon-Fri 9-5 - That sounds like the heavy department. :o

So - with the CCA request now run out what should I do and how does it leave the debt situation?

Whilst I am confident that section 77/78 applies while the account is in default, I wouldnt like to say whether a CCJ automatically terminates the agreement.

If it does then I would argue that the agency may not have to comply with section 77/78 of DCA.

I just dont know.

[andrew1]

OOOOHHH!! That was pure CAG Viagra....... telling a firm of solicitors that they are committing a CRIMINAL OFFENCE..... Made my day.. I could feel their undies getting wet over the phone

Non Compliance to my CCA request.

I'm not too sure whether one treats a firm of solicitors who act as a DCA any different to a DCA but by god it feels goooooooood when you do.. wow.

[lookinforinfo]

And here's me thinking they wore briefs.
At least you would not have had interest added to the debt since the ccj
was applied.

[andrew1]

Originally Posted by lookinforinfo

And here's me thinking they wore briefs.
At least you would not have had interest added to the debt since the ccj
was applied.

Quite right LFI, I have been paying them steadily and sent them over £50 just after I received their letter and before I spoke so I'm not running from the debt. The CCA request is something I've done to most of my debts from DCA's as I ran them up when life was tough and I ignored everyone and his dog. It's interesting to find they can't come up with the agreements and if, by some beam of goodness from above they can't enforce the debt it'll give me a bit more to donate here. However, as they have the ccj I can bargain for a fight if they get heavy, but as I say I never defended it in the first place due to my health at the time so I could push for a stay - but my conscience on this one plays heavily on the fact I owe it. We'll see.

[andrew1]

GPB Wrote telling me the account has been suspended ! Sounds good to me thanks guys and gals

[sequenci]

you could consider getting the ccj set aside?

The court may agree to set aside the Default judgment if

• you have real chance of a successful defence to the claim,

OR

• the court thinks you have a "good reason" to set aside the judgment

i must stress that "may" is an important word here!

[andrew1]

Might they do that just on the basis of no agreements supplied under the cca request do you think?

[sequenci]

Originally Posted by andrew1

Might they do that just on the basis of no agreements supplied under the cca request do you think?

it's a real chance of success!

[andrew1]

Any pointers on how I might get a stay/ccj removed?

[sequenci]

Originally Posted by andrew1

Any pointers on how I might get a stay/ccj removed?

all you need to know right here sir:

http://www.bdl.org.uk/images/12_how_...unty_court.pdf