CCJ but no CCA agreement

[yaffsimone1]

Ok we know that a debt cannot be enforced if the creditior has not complied with a CCA request. What if a creditor has issued a summons, the debt is admitted you agree payments etc and you get a CCJ, but what if you later find out that they dont actually have a credit agreement for you? Surely they should have never enforced the debt? Could you appeal against the CCJ?

[sequenci]

Originally Posted by yaffsimone1

Ok we know that a debt cannot be enforced if the creditior has not complied with a CCA request. What if a creditor has issued a summons, the debt is admitted you agree payments etc and you get a CCJ, but what if you later find out that they dont actually have a credit agreement for you? Surely they should have never enforced the debt? Could you appeal against the CCJ?

difficult one here.

you could possibly try for the set aside but the judge might turn around and state that you admitted the debt originally. the cca states that no agreement = totally unenforceable so my interpretation would be that you *should* be able to get it set aside. i'm just a lay person so i'm not sure what the lega ins and outs would be or if indeed this is a possibility.

[yaffsimone1]

Originally Posted by sequenci

difficult one here.

you could possibly try for the set aside but the judge might turn around and state that you admitted the debt originally. the cca states that no agreement = totally unenforceable so my interpretation would be that you *should* be able to get it set aside. i'm just a lay person so i'm not sure what the lega ins and outs would be or if indeed this is a possibility.

How would you go about getting trying to get it set aside?

The debt was admitted because the money was owed, however, it seems that creditor has not got a credit agreement so surely they have acted unlawfully. To me this makes a mockery of the law. The money will still be paid but not at the demands of the creditor. If i had known about the CCA requests at the time it would have never got to court. But i now know they never had it anyway so want to try and appeal it.

[Jeff2000]

Originally Posted by yaffsimone1

How would you go about getting trying to get it set aside?

The debt was admitted because the money was owed, however, it seems that creditor has not got a credit agreement so surely they have acted unlawfully. To me this makes a mockery of the law. The money will still be paid but not at the demands of the creditor. If i had known about the CCA requests at the time it would have never got to court. But i now know they never had it anyway so want to try and appeal it.

Hello yaffsimone,


I think there may be reasonable grounds for a set aside.

There are no hard and fast rules! It would be down to the judge to decide what is a good reason.

However, having a good reason isn't enough! You would have to show that there was a reasonable chance of success with the case. Again, it will be up to the judge to decide if there is a reasonable chance of success.

Now then, there is a further problem. An application for a set aside should be made within 14 days after you were served with the notice of judgement. So, we need to know when you received the notice of judgement? Again, if you have a good reason why this time limit was not met, then an application for a set aside may still be heard.

So, can give us more information on the notice of judgement?

I hope this is some help!

PS, I think it's form N244 that you will need to fill in!


Good luck, Jeff.

[yaffsimone1]

The issue date on the claim form is 22 Jan 2007, i admitted the debt. Howard Cohen & Co wrote to me on the 6 March accepting my offer that i put on the claim form, however, i have just noticed this the judgement was for £773.06 yet the letter from them on the 6th March says i owe £813.06 how can it suddenly go up between the claim form issued 22 Jan and 6 March. I thought the figure to repay was the judgement figure and no more? I realise now because of the time that has passed a judge will not set it aside

[yaffsimone1]

And they got the particulars of the claim wrong, my god why did i not notice this before i have just admitted the debt without looking at it properly. I have to admit all this did happen before i knew CAG even existed!

[Jeff2000]

Originally Posted by yaffsimone1

And they got the particulars of the claim wrong, my god why did i not notice this before i have just admitted the debt without looking at it properly. I have to admit all this did happen before i knew CAG even existed!

Hi,


You could argue that new evidence/information has now come to your attention when applying for a set aside!

Again, the judge will use his/her discretion.


Jeff.

[yaffsimone1]

Originally Posted by Jeff2000

Hi,


You could argue that new evidence/information has now come to your attention when applying for a set aside!

Again, the judge will use his/her discretion.

Ok i have just been onto MCOL and i cannot use the set aside option. Do i have to write to the court or write to the solicitors first. If i do apply for getting this set aside and the judge is not happy with the new evidence and tells me to go away what will happen to the judgement will it just go back to how it was? me paying my agreed figure monthly?

[Jeff2000]

Hi,


Go to your local County Court and ask for the form. The staff there should be able to help.

As far as I am aware, the judgement should remain the same.


Jeff.