some good news to share

[JOSH_IOU]

bravo .... I assume you won a court case.

[29spots]

Hi Joshuaf, your case is very similar to mine, I have sent you a PM if the is OK.

[andrew1]

thank you all for the messages, I appreciate them

 

I will be sticking around....

 

 

The issue as I saw it (and I was gently warned off that I could not do this by not just this forum) was that getting a CCJ without actually legally proving your debt is wrong..they just send these claim forms in and certain bulk processing courts seem to just nod each one off without so much as a question.

 

So my challenge was, OK you have a CCJ but you cannot prove to me or the court that the debt is legal and in this case there was no deed either. Therefore, the CCA states clearly that they cannot pursue the debt with or without a court order..so the dilemna I put to the Judge was that they could hold this over me for the rest of my days..they cannot collect (which he accepted) and the CCJ whilst disappearing after 6 years is meaningless and effectively unenforceable because (and this has been a bit of a hot point) the CCA 1974 holds the contractual superiority and provided the foundations for the CCJ being obtained, if the basis of obtaining the CCJ was significantly flawed then the CCJ cannot hold its own..

 

So that it why I went for it....I do hope I make sense..

 

 

Now, rumour has it that if a Judgment is set aside this is what happens:

 

"If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and you have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim. Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the County Court Register until a new judgment is made.

If a new judgment is made it will be recorded for six years on your credit file from the date of the new judgment". according to this:

 

http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

 

I have a thread on this type of issue too, haven't followed it through to have it removed, but should do I guess: http://www.consumeractiongroup.co.uk/forum/general-debt/45656-ccj-geoffrey-parker-bourne.html

 

 

Sarah

[Rhia]

They'd be mad to try it on again though surely? If they have no correctly executed agreement and no assignment...it's thankyou and good night isn't it?

[renegotiation]

All help welcome on this thread!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/128195-baron-renogs-7-year.html

[SL1210]

Well done Josh I've just sent you a PM.

 

I'm in the same boat as you were with HBOS sent off for CCA before Christmas and they reply with an application form. They to obtained a CCJ and a Final Charging Order on my house last April.

 

Can you give me more detail as to how you kicked off your appeal to the court and what you put in the N244?

 

Cheers

 

Sl1210

[tifo]

i've also PM'ed you Josh as i could do with some info regarding a CCJ set aside.

 

i also have a CCJ and the DCA got a charge on my house later.

[42man]

Was it relevant that it was over 6 years since the account with the OC had closed ??

[robcag]

Congratulations on your excellent result Josh!

 

This will give some encouragement to others (such as myself) who are in a similar predicament.

 

Rob

[volvo]

I have a CCJ approx 3 years old for an old MBNA credit card which i

did not defend, which i am now paying monthly as per CCJ.

 

Still owe approx £5K which will take me almost 21 years still to pay off at current rate.

 

Wondering if the above would be worth trying as i am pretty sure Wescot/MBNA would not have a correct agreement.

 

VOLVO

[joshuaf1968]

I think it is worth a try VOLVO.

 

 

 

Also, they have confirmed in writing that they are no longer pursuing the alleged debts. The only way they could restart would be to find the CCA however the OC has also confirmed they do not have the documents.

[Rhia]

Then you're all ticketty boo Joshua. Top effort.

[GTW]

Great news Josh and thanks for informing the forums about it. Inspirational stuff without a doubt. I had a CCJ 18 months ago without me knowing (I'd left the address they worte too and mail was not forwarded). As a result I never defended it and they got a CO on my house last March (07).

 

I'm thinking now of asking the agency that obtained the inititial CCJ (Eversheds) about the CCA. Did they have one for me and the loan I took out?

 

My main thrust is not to try and get away from the loan to be honest but just the CCJ and CO associated with it. I've been paying the loan back on a monthly basis since the CO was issued (10 months ago).

 

Listening to your great news, guess I'll give it a try. Even if Eversheds have the CCA I still think I might have a small chance given that I was not given the chance to defend it?

 

Thanks again

 

GTW

[celebrity debtor]

I think it is worth a try VOLVO.

 

 

 

Also, they have confirmed in writing that they are no longer pursuing the alleged debts. The only way they could restart would be to find the CCA however the OC has also confirmed they do not have the documents.

 

'ESTOPPEL ' ???

[Guest MIB]

Well done Josh, I am in the same circumstances with HFC so will give it a go.

[Brassed off]

Nice one Josh - that's brilliant news

 

Now, this thread has got me really thinking as I have two CCJs on which I am making token payment to Eversheds

[Sirensinger]

Hi, i have just seen these posts while searching desperately for case law re setting aside judgments on grounds of no CCA, I am fighting same thing, if u are still around can u post the details of the case so I can use it in court - just had hearing and it's been adjourned for two weeks, I need as much evidence as i can get to prove my grounds are valid!

 

Yours in hope!

 

Sirensinger

[bigegg]

subscribing.

I have a 5 y/o CCJ with First National for which I have a letter stating original CCA was destroyed (dated before CCJ!)

I'm planning to make a start on having it removed next month.

[Gezza79]

Does a CCA apply to loans and credit only, or does it apply to good also? i.e. being given goods / services on credit?

Edited July 15, 2008 by Gezza79
Cause i can spell!

[andrew1]

Does a CCA apply to loans and credit only, or does it apply to good also? i.e. being given goods / services on credit?

 

Anything which has a credit agreement other than mortgages although they are covered now I believe too..Hire purchase, anything. You also have the Sales of Goods Act which protects you on other aspects of 'Goods' but the CCA covers the Agreement.

 

 

Sarah

[Gezza79]

Thanks Sarah, now I know why I was taken to court with the words Ta (trading as) at the end of my name as this would make the CCA irrelevant.

Humm interesting food for thought!

[OnMyWayOut]

I'd be interested in the details of how you went about this, as I'm in the same boat too.

[makesense]

I have been involved in a protracted battle with our friends :-|

 

They got a CCJ on me and a Final Charging Order.

 

 

So they could not produce CCA and we went off to a court in the south east and the judge adjourned the hearing..he liked what we said about the CCA and that they couldn't prove the debt. He was miffed with Caboot because they had not responded.

 

So we were asked to come back again to Court in the early part of 2008..

 

No need they have written and informed me that they will make no further collection attempts and they are offering no contest to have the CCJ set aside and the Final Charging Order removed.

 

This is a victory in excess of £15,000 made up 75% ish of CHARGES so I do not feel too bad

 

I am obviously very pleased especially to get rid of the FCO/CCJ .

 

 

 

Hi I have just read your post I am in a similar situation where caboot have applied for a ccj and I have defended it writing to the courts and could not attend the hearing so submitted my defnence and the court has refused it and have asked for me to pay the full balance what do i do ? Caboot did not provide cca? Any help will be appreciated thanks

[gerson]

Hi Makesense,

 

You would probably be best to create a new thread rather than resurrect a very old one

 

Or ask the siteteam for help if you are not sure how

 

G