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About dodgster

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  1. Thanks for that CAR2403, the judge was seriously adversarial! She seemed to take it as though I was up against her! I explained that I did not receive the claim form and more importantly I was not living at the address when it was sent, this was despite the fact that I was having my post re-directed and the court had put an incorrect postcode on the claim form (discovered this after getting info via subject access request) I will admit I did apply to have the judgment set aside when I discovered that I had it however when I discovered that I could not attend I wrote to the court advising
  2. Sorry CAR2403, Not sure how to start my own thread! The judge said that due to the fact the papers did not come back and were "deemed served" under cpr 6.5. I feel the judge has made an error. Provided that you are certain of this I will appeal.
  3. Hi Gaz, My problem is that the court have a discretion to set aside a default judgment and the judge chose not to use her discretion! They were also aware that I did not receive the claim form as I had moved address and the judge even had the nerve to suggest I should have told the local authority that I was moving! (Dear local authority, please find attached my new address-please feel free to harrass me and chase me for a debt which I do not believe I am legally obliged to meet!) The first test is time which I was way outside of as I have been chasing the local authority for 1.5 year
  4. Hi Suze, In my experience the DCA's do their best to grind you down by constantly sending you threatening letter, telephone calls, the works. As for your credit file it goes right down the pan as even though they are not supposed to give information to the credit reference agencies whilst the agreement is in dispute they still do. The FOS and the Information Commissioner's Office have no teeth and pay lip service to the problem. If your in this you have to be in it for the duration as they will test your resolve time and time again.
  5. Sorry to put a downer on things. I have just been defeated by a local authority in my attempt to get a CCJ set aside. This was despite the judge knowing; 1) no default notice served; 2)The agreement not conforming to the requirements of the CCA 1974; 3) The agreement not being signed; 4) The original agreement was destroyed in my opinion to avoid detection that it had not been signed. The judge told me that I had had the benefit of the loan so I had to pay and it was wrong that I was trying to avoid payment and got nasty when I quoted the law as it stood. I said that if a large organ
  6. Guy, I am a complete technophobe-I think I need a dummie's guide to do this!
  7. These are the remaining two bits of the agreement-I hope someone can help. Thanks
  8. I have attempted to upload the agreement (7pages worth) as (hopefully) you can see the indemnity premium is not in the body of the agreement and it is not signed by anyone. I have been advised that the original was destroyed in Nov 2008, not sure why this was done as it appears from the Subject Access Request that they are/were contemplating further Charging Order action. In addition the agreement was not filed with the court documents (just an invoice relating to an unsigned agreement) I hope someone can give me some advice on whether the agreement meets the standard required/is properly exec
  9. Thanks, I'll attempt to scan it on tommorrow. The agreement itself was not signed however my main concern is whether I seek to attempt to set it aside (again) and discover that they are exempt from the CCA 1974. Tthanks
  10. Hello, I'm new to the site and have not posted before so hear goes... I was employed by a local authority and had an assisted car purchase loan under their assisted car purchase scheme which was being paid via monthly deductions from salary. When I left their employ I offered to continue making payment however I did not receive a response. To me this was not uncommon as this particular authority are noted for this. Fast forward two years when I am attempting to change mortgages I am advised that I have a CCJ...this was news to me as I had not received any documentation in respect of it
  11. Help!!! I am new to this. Can someone point me in the right direction? Can anyone let me know if loans granted by local authorities are exempt from the requirements of the CCA 1974? any response would be appreciated!!
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