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lexham

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About lexham

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  1. Hi Guys, Newbie here... Just thought I'd share the news that, I have just won a court case against a big & very well known DCA, and had the CCJ that they obtained against me, removed from my files 4 YEARS after the DCA obtained it!!! The whole story is very long, they obtained a CCJ for £25k against me in my absense (I was out of the country at the time). They had waited just short of 6 years from the original default, before seeking the judgment. I suspect they knew I was working overseas, and had chosen the timing deliberately, knowing I would fail to appear in court. The next thing I knew was, a month later, they went straight back to court for a Charging Order against my house!!! However, this time, I was here, and I drove the 200 miles to the court they were using, to state my case. As it transpired that they had 'owned' the debt - which I didn't deny - for some 5 years, and NEVER attempted to make contact with me, the Judge adjourned the hearing for 2 months, to allow us to thrash out a deal. However, the DCA still refused to even talk to me, and the case went back to court 3 further times, all of which, the DCA failed to turn up at. As a result, the Judge refused enforcement & any future enforcement attempts, but, the CCJ was to remain in place, as the debt did exist. This created a stalemate situation as the DCA refused to negotiate, and they had been refused any enforcement action!!! - ODD!!! This stalemate went on for 4 years, and all along, I thought it was 'odd' that someone who was owed £25k wasn't making any attempt to get it back from me - not even a payment plan/reduced settlement offer. Eventually I decided to see if I could get the CCJ removed, as it had been haunting me for 10 years (6 years in default, then 4 years with a CCJ) and no end insight. I was advised by my solicitor that applying to have the CCJ set aside after so long was a BAD idea, and could actually reset the 6 year clock if it all went wrong, but, I decided to go ahead. Thank God I did!!!!! The DCA turned up at the court of MY choice this time, and.....well....... The first thing the judge asked to see, was the DCA's Assignment of Debt paperwork used in the original case. Guess what.......the debt had NEVER been officially assigned to them!!!!!!! The judge ripped the DCA to shreds in the court room!!! He reduced the £25k I never denied I owed to £1, made me hand over a £1 coin and the DCA had to sign, in front of the judge that the £1 was accepted as PAYMENT IN FULL. The DCA also had to pay ALL court costs which came to just short of £3k (mostly their own fees), and exactly 30 days later....the CCJ vanished from all my credit files! RESULT!!!!! The moral of the story is.......no matter what point you are at with a debt - a new debt or one that has rumbled on for 10 years like mine.. ....CHECK.... whether it has actually been ASSIGNED to the company you are dealing with - apparently, they have to send you a copy, and show it in court!!!!!!
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