Showing results for tags 'hearing pending'.
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HI all. I have received a CCJ whilst abroad for several months. Though there was a judgment for claimant letter on my arrival there was no sign of any court forms. I have applied to have the CCJ set aside on this basis. From reading other posts, it appears I will need a to convince the judge I have a reasonable defence before a set aside can take place. The debt is from a Nationwide credit card. Original agreement would have been a signed agreement rather than through the internet. It was established over 10 years ago. The default occurred just under 6 years ago, so statute barred in not an option. I have never seen a Default notice, though I have moved home several times, so this does not mean one was never issued. I have never requested an original copy of the Credit Agreement, though I doubt the DCA have this, given the time span. The Credit Card Default notice would undoubtedly include punitive late fees which are not legal. Would this not render the specific of default amount invalid, and as such any claim for that specific amount? Are the DCA still obliged to provide copies of the credit agreement even though the CCJ has already been issued? I will need a case to present before the judge other than "I am hoping the DCA do not have a copy of the CCA and therefore have no claim to this debt". Any advice very welcome. Thanks in advance
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