Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
any 1 ever come across these peeps, some one in me family got some new windows via zenith (got screwed) in turn took loan out with British credit trust, in jan this year they taken to court coz couldnt make payments,
they now got CCJ and gotta pay £50pm and got attachment on their home.
this happend so quickly basicly they just got lost in depth to it all, is there anything that can be done to see if 1 can help? i.e now issue them with CCA, they pretty sure only forms they signed was application form but not 100%
at rate it going they gonna need to drop payments sooner rather than later as struggling with interest rises (ultimatly contact court to lower repayments)
any ideas/suggestions be very helpful as they seem to some kind of "law firm"
is it possible to request a CCA now with the excuse that original can't be found? as it truly cannot be found (so i can post it here), dont get me wrong it not case of worming out of this debt it jsut case of trying to help, as per usual me family involved are hard workers that try and do best for their family on peanuts for wages just like peeps who get screwed for bank charges
A non-existant CCA is unlikely to help in this case, but what might is excissive charges on the account, so a SAR to the original creditor would quickly clear this up.
i would say there are charges, the amount took out was under 2k ccj ended up 3k area. BUT i would asume they also claimed lost interest, i'll get them to send S.A.R and give them £10 to help. ty very much
No CCA won't work in terms of putting the debt into dispute once they have a CCJ (in this position my self).
They can apply to the court for a variation to the original judgement order due to a change in personal circumstances. Would have to supply full income/expenditure to the court.
They could apply for judgement to be set aside if they can prove one or more justifiable reasons as mentioned in the link.
If they can get a good case proving that the application for the CCJ was unlawful due to say for example -them not receiving a default notice before a lba then there is the chance of having the CCJ removed.
They need to gather as much paperwork as possible and find as many discrepancies as they can. (Going through this myself at the moment)
Tell them not to give up, if they dig deep enough, they'll find something.
Good luck
just going back to CCA request,
I was thinking, if I send CCA off to these peeps (i'm still sure i only signed an application form) if they fail to obliged i can't see there is reason for me not to contact courts and request it set aside. the pure and simple reason why is " I did not know my legal rights, I do know and these people have taken me to court without having the legal right to do so in the first place"
I believe that you have to have one of the reasons as mentioned in Curlybens link.
Not knowing your rights at the time might not be good enough if your relations end up in front of a 'debtors shall pay come what may' Judge.
Did your relations receive a fully executed signed copy of the credit agreement including all terms and conditions, default notice, rejection of payment offer by creditor (assuming they made some offer), a letter before action.
Is there anything more that you could put before the Judge, the more you can show, the stronger the argument. No CCA after a CCJ comes into force might not be enough and of course doesn't put the debt into dispute. Proving that the creditor had or didn't have a signed credit agreement at the time of court application is tricky. Logically if they fail to produce one now then it would make sense that they didn't have one at the time and consequently their application for a CCJ would be unlawful.
Other forum members may hold a different view and hopefully chip in.
I'm no expert but surely the creditor when applying to court for a CCJ must have on file all documentation to show that they have complied with the OFT's Guidelines for debt collectors, Consumer Credit Act and maybe it would be a good idea to read this to see if there is something that can be used in your favour.
I suppose they could ask for the court to set aside and give directions that the creditor to produce the original agreement (within say 14 days) in order to clear the matter up.
Would put the creditor on the spot if they don't have one.
By the way, they really should SAR the original creditor so they can remove any unlawful charges on the account. Have they sent SAR yet?
blake lapthorn tarlo lyons
rises (ultimatly contact court to lower repayments)
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