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dssimon

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  1. Ok so what would my best prospect of getting it set aside? I understand I need to demonstrate that I have a prospect of defending. I have a letter from lloyds stating they cannot find the agreement. Still waiting for the sar to see what that contains. Also, how would I demonstrate I have done so in a timely manner? I really appreciate your help and I realise this is not clear cut but I really do want to defend myself against this and need to get it set aside.
  2. Is there any way at all I can get it set aside?
  3. What would be my best line of defence with regards to getting it set aside? Then and only if I can get it set aside would I be able to challenge the enforceability of the debt? I need to prepare a case for unfair charges. To do this I need the sar information. Do I wait for this to come before trying to get the ccj set aside or should I do that in the first instance?
  4. So if I was to proceed, I would have to apply to have the judgement set aside on the grounds that I wanted to defend the claim. Could my reasoning for this be that I Did not have the information to hand at the time or would I need another reason? Then would I be able to use the fact there is no enforceable agreement as my defence? Could I also claim back charges on this? The debt stands at £10600 so anything I can do to defend myself will help me out greatly.
  5. The court date is because there was due to be a hearing to determine a charging order on my property and I requested the hearing be moved to my local court to enter a defence in person. Yes the ccj was awarded against me. It was may 2011 and I was paying £200 per month until September 2011 when I could no longer afford it. The debt will have late payment charges and such on it. Not sure of the total value yet. No ppi though I don't think
  6. No, I didnt offer any defence, I was in a very bad place financially and was drowning under all the debt. I have since taken stock of my life and sorted some of it out but this one has gone too far and now i need to know what I can do about it. If there is no agreement how can the CCJ still be enforcable and sitll be valid? Can I get the CCJ removed on the basis of no agreement?
  7. Hi, first post here so apologies for all the help required but I really need to know what to do next. I have received a CCj from LLoyds TSB in relation to a credit card I could no longer afford to pay. Then I couldnt afford to pay the CCJ repayments and so it was taken back to court for enforcement and Lloyds TSB have applied for a charge on my property. I know its probably a bit late now but I have decided to fight them with every bone in my body. i am not going to roll over ant take it any more. I have sent a CCA request to them and a SAR request. Received a letter from them in relation to the SAR saying they wanted me to sign a document to prove who I was or they would sent all the information to the local branch and I would have to collect it from there. Obviously I opted not to sign the document and will have to pick the information up. Still waiting for a response to this. In relation to the CCA, I received nothing within the 12+2 days so sent them an account in disute letter. Have received a response to that today stating they have sent reconstituted copies of the agreement (which I havent received) and that they do not have to provide an original copy. also they say they cannot find an original copy and they do not agree that the account is unenforcable. Where do I go from here? What should be my next course of action? Also, I am still awaiting my court hearing date but want all the information to hand so i can defend myself to the hilt.
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