CCJ with Lloyds creditcard

[9Lives]

I have a CCJ with Loyds dated back to 2003 for c.£6k, for which I have been paying £100 a month without fail.

Now I still have just over £1k remaining, so last weekend I rang and asked them if I could settle the account with a one off payment of £600 - I had an unexpected pay out at work and wanted this gone.

There response was that they would one accept 85% of the oustanding balance!!! thanks a bunch.

So I explained that my circumstances have changed and was looking to reduce my monthly payments, they still would only accept 75% of the remaining balance.

When the CCJ was issued, I didn't know what was going on, so I didn't request a CCA or SAR - didn't even turn up at the hearing. With what I know now can I get the CCJ set aside, until they provide a valid CCA, and I'm sure there are penalty charges in there.

I wouldn't mind but I'm only asking them to write off c. 8% of the original debt!!!!

[shane5408]

IMO having the CCJ setaside isn't really feasible, you would need to establish to the judge why you never contested it before and that you have a defence with a realistic prospect of sucess.

 

I would suggest you send a SAR though, establish if there are any penalty charges, collate them and start claiming them back. The SAR will also furnish you with a copy of the agreement, if they have one that is!

 

kind regards,

shane

[babybear39]

I agree with shane, the charges may well be more than the remaining balance so it won't hurt to check.

 

Good luck and best wishes...

[9Lives]

I had a look over the weekend, and my charges only total £71, so little joy there. Is it still worth asking for a cca, or am I just stuck with paying out the remaining balance ?

[shane5408]

I had a look over the weekend, and my charges only total £71, so little joy there. Is it still worth asking for a cca, or am I just stuck with paying out the remaining balance ?

Hiya,

 

Requesting a CCA in this instance won't really do you any good, ordinarily you can withold payment after 12 working days if they don't reply and cease payments in totality if they are unable to produce an agreement at all, or offer a substantially reduced f&f offer but given there is already a CCJ the same principles unfortunately don't apply. If you really want o look at having a the CCJ setaside have a look at the attached document and i would also suggest contacting the national debt line, they are experts on these matters but IMO it would be a wasted effort on your part and could incur costs shoould your request be denied.

12_how_to_set_aside_a_judgment_in_the_county_court.pdf