foaf26907 vs CL Finance

[foaf26907]

Help

I have outstanding debt with CL Finance via a Debenhams Card I had which I fell behind on when I was made redundant about 4 years ago.

They went to court and I agreed a repayment plan with them but unfortuantely couldn't keep up with the repayments and fell behind they have gone back to court and I have to now file an N55/N56 attachmenet of earnings. I intend to file and ask for a suspended order so that I can try and get the judgement overturned(?) on the basis that I didn't have a CCA with them (?)

I will be sending the N56 to court tomorrow but want to find out if it is at all possible to get the CCJ overturned when I didn't do anything when they first started preceedings.

I have seen a thread v CL Finance for which I am kicking myslef for not bothering to check CAG in the first place but now I am sending a S.A.R - (Subject Access Request) to CL Finance I've got 2 other debts they are managing as well. I haven't defaulted with these yet but what can be done once they have gone to court and court found in thier favour and have ordered me to pay.

[foaf26907]

hello Can some one please give me some advice here

I have posted this is debt collection but this seems to fit in more with the general debt .......

[linz2011]

Did you acknowledge the claim form or was it a judgement by default? If you have been to court and agreed a repayment there will be little you can do to overturn that decision - i am no expert but if you have already admitted it in court what grounds can you get it overturned?

 

Good luck with them

[pt2537]

Hi there,

 

I will be totally honest and say that without carrying out some research on this i cant say what youre chances are of getting the CCJ overturned.

 

normally people would challenge this type of action before it gets to teh attachment of earnings.

 

CCJs are quite difficult to have set aside and you would need to have a stronger arguement than you want it overturned because you didnt challenge it

 

 

i will have a look into this and see what i can come up with but my gut feeling is you may have left it too late

 

regards

paul

[foaf26907]

Hello thank you for responding. the judgement was made by default I did not acknowledge the claim form. If I have to continue payments I will but I want to avoid an attachment of earnings.

I would like to know as I have 2 debts with them which I am paying. I have sent them a SAR for the debts with them. But as I am already paying them is it too late to query the other 2 debts

[linz2011]

how did you arrange to make payments?

[foaf26907]

This case went to court I did not attend and then I had to agree a repaymet with them.

The other 2 were the same they have been to court and judgement was found for them so court ordered me to pay.

[foaf26907]

is there anyone who can offer me some help

[pt2537]

hi there,

 

why didnt you defend the claim or acknowledge the claim? as i said , the court will not overturn a judgment based merely on the fact that you didnt defend the claim.you need a truly valid reason before a judge will consider overturning a judgment

 

have a look at this website,Removal of CCJ's - Main Menu

 

it may help

 

Regards

paul

[foaf26907]

Thanbks very helpful. so is there no point querying/requesting for DCA now? even for the other two accounts ? am I just going to have to keep paying

[pt2537]

sorry, are these other two accounts not subject to the CCJ? i thought that all the accounts were part of the judgment

[foaf26907]

I have just got my credit file online from Experian and it is only this 1 account from CL finance which is showing as defaulted.

None of the others are there. What does this mean. I know some of the debts are old ones which I have been paying since 2005 when I was made redundant but how come they are no longer showing on my credit file? Also another debt from 1st credit which I have a repayment plan can I ask them for the DCA?

Thanks

[linz2011]

well certainly do not go chasing for answers as to why the defaults are not showing:D I am a little confused by this thread, PT is right you cannot set aside the judgment as you have agreed and paid toward it, your best bet is to bring it up to date as quickly as possible

 

Good luck