I think it is worth a try VOLVO. Also, they have confirmed in writing that they are no longer pursuing the alleged debts. The only way they could restart would be to find the CCA however the OC has also confirmed they do not have the documents.

long after was 18 months this is long to me I guess:eek:

see my thread on cabot.. I just got CCJ and Charge removed for debt in excess of £15000 this was because they failed to suppy docs under CCA

I owed a DCA who got a CCJ and a Charge I CCA'd them and they failed to provide I took them to Court for a set aside Judge liked my case and the DCA backed off agreed to set aside the CCJ and not collect again on my debt worth ovr £15,000 so it CAN be done Go for it:D

thank you all for the messages, I appreciate them I will be sticking around.... The issue as I saw it (and I was gently warned off that I could not do this by not just this forum) was that getting a CCJ without actually legally proving your debt is wrong..they just send these claim forms in and certain bulk processing courts seem to just nod each one off without so much as a question. So my challenge was, OK you have a CCJ but you cannot prove to me or the court that the debt is legal and in this case there was no deed either. Therefore, the CCA states clearly that they cannot pursue the debt with or without a court order..so the dilemna I put to the Judge was that they could hold this over me for the rest of my days..they cannot collect (which he accepted) and the CCJ whilst disappearing after 6 years is meaningless and effectively unenforceable because (and this has been a bit of a hot point) the CCA 1974 holds the contractual superiority and provided the foundations for the CCJ being obtained, if the basis of obtaining the CCJ was significantly flawed then the CCJ cannot hold its own.. So that it why I went for it....I do hope I make sense..

i asked for the CCA long after the CCJ I read up about this forum which gave me the boost I needed to take them on.

I have been involved in a protracted battle with our friends :-| They got a CCJ on me and a Final Charging Order. So they could not produce CCA and we went off to a court in the south east and the judge adjourned the hearing..he liked what we said about the CCA and that they couldn't prove the debt. He was miffed with Caboot because they had not responded. So we were asked to come back again to Court in the early part of 2008.. No need they have written and informed me that they will make no further collection attempts and they are offering no contest to have the CCJ set aside and the Final Charging Order removed. This is a victory in excess of £15,000 made up 75% ish of CHARGES so I do not feel too bad I am obviously very pleased especially to get rid of the FCO/CCJ .

I CCA's a large DCA towards the end of last year. They failed to provide the CCA so I asked the Court to set aside the CCJ. The hearing was adjourned cos the DCA did not have their paperwork in order and had not responded. They were given some time to sort it out and we were due back in Feb. Since then they have written saying they will not collect on the debt and they have filed to the Court stating they agree to the set aside. :D :D The judge was impressed with the CCA defence but was a little unsure how to proceed. It is a relatively untested area....the CCA act that states a debt cannot be collected with or without an order from the Court helped sway the situation.

sorry.....to be clear 12K not £12:eek:

I have won a large and famous DCA using CCA...they have confirmed that they are no longer collecting on accounts of £12+ as they have no CCA or Deed of Assignment in fact all they had from the OC was ONE piece of paper with the account details on. I have no guilt over this whatsoever.....8K were charges!!! the other would have been paid had the very over zealous Bank Manager at the time been a little more patient...all those years ago..

A creditor does not have to show a valid CCA to get a CCJ. I have a DCA in court for that very reason to get a set aside. I would advice you to CCA them immediately whilst at the same time get a fax/letter to them requesting the judgment details and which Court will be hearing the Charging Order. You MUST attend the hearing and state your case that you have no idea about the CCJ etc. I would be aiming to get the CCJ set aside because I did not know, the CCA will then question if it is enforceable and will determine whether they return to Court to try and get another CCJ.

I am really interested in this as I have taken a DCA back to court for a ccj set aside because they have failed to produce anything for 50+ days now.. is there an update spud:rolleyes:

No I did not do S.A.R - (Subject Access Request) to any of them... Would this help? My argument to Court would be...these guys got a CCJ without a CCA which should not have happended so could I go on to say...anyway not only do they not have a CCA but they have placed multiple and vast amounts of illegal charges? Would one argument cancel the other?

Cabot are now comfortably 12+2 overdue from CCA request. The next payment is due end of this week/start of next. What do I do? Remember they have a CCJ and a Charging Order... There is a real split of opinion here.. Can anyone help with the law aspect? i.e they got a CCJ without showing a properly executed CCA but I have been making payments because they got the Charge. :?

I received a CCA from them today. It is a print out from a microfiche or scan I guess and is one page only. It appears to include all of the presecribed terms (I will scan in within a day) but it clearly shows where they corrected the payment details because they worked it out incorrectly. They amended the CCA and did not tell me. They agreed they should not have done it and gave me a refund of £600+ payable at the end of the agreement but when I went to call in the chips they took it to CCJ and got a charge order. does the microfice scan count? I did not defend? stupid can they make amends and not tell me i have it in writing that they were offering a rebate at the end of the term what would be the best way forward