CCJ - is debt subject to request re CA Law?

[zubo]

Hi all

I have Eversheds giving me grief re a very old CCJ - they seem to have all the info - CCJ no - NO they give their own ref no and amount owed.

I probably missed one months payment of £1.

Questions:

Can I issue a S.A.R - (Subject Access Request) against them?

Can I make a request for the CCJ details and ask them for proof of ownership of debt and how much they bought the debt for?

Finally, despite it being a CCJ can I ask for the signed executed Credit Agreement and if they dont provide it tell them the debt is unenforceable?

thanks

[payingonlyencouragesthem]

Eversheds are solicitors you need to find out who they are acting for. Did you defend the CCJ? If the original CA / statements were produced to get the CCJ then I doubt you could go down the S.A.R - (Subject Access Request) route. Getting a retrial costs something like £70 so you might be better off just paying £1 pm. The debt remains enforceable until/unless the CCJ is overturned. Furthermore if it's an old CCJ you don't really want to do anything that might reset the 6 year clock on your credit file.

[zubo]

Sorry POET, didnt explain myself well at all.

No I never asked for a S.A.R - (Subject Access Request) nor did I defend the CCJ.

I simply wondered whether a S.A.R - (Subject Access Request) or a CCA request applied to the current ownership - I think Eversheds represent Max Recovery whoever they are.

So if I went down the route of - asking Eversheds/Max to prove the debt, somewhere their records may fail them and I can take advantage.

I dont know/cant remember what the original debt was - they say its a CCJ - but its not appearing on any of my CA checks.

Also, if I find it is supposed to be a CCJ, then there are a whole bunch of reasons I can offer the court to overturn it - especially if the original documentation is not available!

I have two other debts very similar but without CCJs - so I'm trying to ditch them all, and maybe claim my money back....

[zubo]

All

Now they have issued me with a payup the balance by 9/1 so I am sending the following letter to them:

I have for some time now paid you £1 per month. I have always maintained this payment and when you have indicated to me that I was in arrears I had brought those arrears upto date. I have made these payments because you have requested them – not because I acknowledge any debt to your client – I do not recognize the client nor the reference nor the balance.
Therefore please understand that I do not acknowledge any debt.
I therefore have attached two letters which should be self-explanatory where I require you to provide me further information to determine if a debt exists and I have included the statutory payment of £1 and £10 for each together with £1 for this month’s payment – if indeed I am indebted to your client – a total of £12.
Please note that I have placed this matter in dispute while I investigate further. Your attention is also drawn to the statutory timescales associated with each request.
_________________________ _________________________ ___________

The two letters ask for a S.A.R - (Subject Access Request) and a CCA- the letter also asks if this is subject to a CCJ. quote - 'With reference to the above account, would you please send me a true copy of this credit agreement. If the account is subject to any County Court Judgment then please supply a copy of this Judgment.'

Anyone comments?

thanks

[ecobabe]

i think i remember reading on this forum that once a debt has a ccj attached then it is enforceable, because the court has accepted that it is an enforceable debt. But I believe that if you can show that debt was innaccurate and made up of charges etc then you can apply to have it overturned....someone more knowledgeable will come along shortly and tell you i'm sure. that's why you should always defend these things.

Dear Sir/Madam ,
Re: Your Reference: xxxxxxxxxxxx

Upon reading your letter of the 1st December 2006 I make the following points.

The refrance numbers on the letter do not collate to any CCJ/debts I have and as I am unsure what county Court Judgement you are referring to as the reference numbers do not match up with my CCjs I make the following requests for information to ensure this CCJ is one issued to me.


1. The claim number.
2. The Claimant.
3. The defendant.
4. Judgement date.
5. Judgement amount.
6. The Count name that issued Judgement.

Please rest assured that if this matter is my reasonability I will deal according with the points raised in your recent letter, but first I simple require that we establish what debt/CCJ you refer to and that it is my reasonability.

I look froward to your reply.

send something like that, you remain acting reasonable.

[zubo]

thanks Zooman.

I will do exactly that. I have been reflecting on the hard approach and think initially it is wrong - I don't know enough about it. Then I may challenge the CCJ if I can find enough evidence for it.
I am not even sure there was a CCJ.

Originally Posted by ecobabe

i think i remember reading on this forum that once a debt has a ccj attached then it is enforceable, because the court has accepted that it is an enforceable debt.

Spot on, the court has made judgement so it not up to the defendant to say it is unenforceable as the court has RULED it important that the dependent acts reasonable and with respect for the court once a CCJ has been issued.

Originally Posted by ecobabe

But I believe that if you can show that debt was innaccurate and made up of charges etc then you can apply to have it overturned....someone more knowledgeable will come along shortly and tell you i'm sure. that's why you should always defend these things.

can and has been done, but not as easy as it sounds and not always the best course of action.

Originally Posted by zubo

thanks Zooman.

I will do exactly that. I have been reflecting on the hard approach and think initially it is wrong - I don't know enough about it. Then I may challenge the CCJ if I can find enough evidence for it.
I am not even sure there was a CCJ.

Send it recorded delivery mate and take a photocopy of the signed letter and keep it safe with the recorded delivery slip.