sorry surfaceagaent, this is the quote to bring you up to speed! thanks, chlclr.

Hello again Surfaceagent20 (or indeed, anyone else who may like to offer advice), My court case is coming up in a couple of weeks on my further application to request that, following the judge's ruling to set aside my CCJ, the default notice on my credit report also be taken off + the case against these creditors be struck out. I am asking for this under CPR7.7 and have submitted the letter from the financial dept of the creditors as evidence, stating that they don't have me on their records, at the address where the default is filed! However I am uncertain as to whether simply citing CPR 7.7 is enough, or even if I have a correct understanding of it's direction. I would appreciate your thoughts - please can you help? Thank you, chlchr

Thank you x20. I really appreciate your thoroughness through this legal mindfield! Best, Chlchr.

A quick update on this - Firstly, I received what can only best be described as a sort of compliments slip from the financial arm of Redcats, based in Bolton who returned my letter requesting the statement of account under the CCA 1974, and a standard reply claiming that they have no record of my account with the reference or name and address submitted. They had stamped it as received on the 19th November. I'm not certain as to whether this is good news or not. They have cashed the £1 cheque which I attached, the fee payable under the CCA 1974 requirements but I'm still yet to receive any formal particulars of claim, as ordered by the judge, to be served by 4pm on the 9th December. What can I do if they don't serve me by the 9th and why are Exqifax telling me I must give them a certificate of satisfaction to amend their file records when both Experian and CallCredit have confirmed that the CCJ has automatically been removed from the Register of Judgements AND my credit files with them. Lastly, there is a still the Redcats default on my file pertaining to the CCJ. If they don't respond, can I get the default removed from my file as well? Thank you.

Okay. I shall. Thank you for taking the time to help me.

Hello and thank you for replying surfaceagentx20 I received the order through the post today. There are 2 points. IT IS ORDERED THAT 1. The default judgement dated November 7th 2005, be set aside 2. The claimants do serve the defendant with particulars of claim and a response pack by 4pm on 9th December 2008 The claimants weren't represented at the hearing. I was there alone. I should also point out that the amount claimed is only a three figure sum. Do you still believe it's best to wait and not pre-empt anything by sending the template letter, bearing in mind the claimants haven't responded to my request for the Credit Agreement + statement of account under the CCA 1974 (sections 77-79), and it's well past the 12 working days now. Thank you again.

Hello there, I'm new to these forums and encouraged by this particular thread. Am I albe to use the draft template of this letter when a CCJ has been set aside, as it was this week upon my application? I attended a short hearing and was unopposed. The judge could see the original CCJ claim forms were returned to the court, status Gone Away, because I had moved address, although I didn't inform the creditors of this. It does show up however on my Experian credit report that the creditors had a insight update placing me at my correct address some two months before they issued a claim. The debt dates back to 2004. The CCJ was recorded in 2005. I only discovered it by viewing my credit report recently. I sent a letter by recorded delivery to the creditors on 23rd October 2008 requesting a copy of my credit agreement and a statement of account under the provisions of the Consumer Credit Act 1974 (sections 77-79). I enclosed the £1 fee required by the Act and said that it was my understanding that if I haven't received the necessary information within 12 working days, then the debt was unenforceable until they did. I note from the Royal Mail tracking service the letter was signed for it's receipt at the creditors on 27th October so the twelve working days have now passed. I briefed the judge on all of this. I was in court on Tuesday so I'm still yet to receive the judge's set aside order and directions. She did mention giving the applicant 21 days to reply, presumably to resubmit the claim. Hoping you can help. Thank you, Chlchr.