A & L Trying Court second time

[bach]

Hi to all especially PriorytyOne who has given so much help, I thought I would start a thread of my own now.

 

Basically got into trouble with A&L they put it in the hands of Global (Priorty helped sort that one out) sent the CCA.

In between waiting for CCA , I was issued with Judgement etc and now at the stage with Shoosmiths Solicitors. Northampton Count Court have sent a Variation Order to the wrong court, 100's miles away requesting payment in full by 30th March, received the actual Order on the 3oth March. Got homeThursday evening to find letter from Alliance & Leicester in response to my request for CCA saying

 

"with regret they were not able to acknowledge or replie to this as it was because they were unable to supply a copy of the agreement."

 

"In respect of legal action I have requested that the current action be discontinued."

 

Do I now contact them, to continue making a token payment,

Eventually it will probably will go back to the Court as they are trying to make a Charge on the Propery, and it would perhaps look as if I am trying to pay a bit. Or leave it a lone and wait and seen next move from them.

 

Oh yes, and should I speake to the Court to double check that it has been discontinued.

 

All advise greatly appreciated

 

Lynn

[gymfreak1978]

No CCA, no debt, in the eyes of the law, congratulations

 

you have got one over the A&L

 

Stop any payments to them right away.

[diskmandave]

This may be helpful to you!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68852-ltsb-no-agreement-cca.html

 

Good Luck, Dave.

 

 

 

 

 

[PriorityOne]

Bach, I am so pleased for you .... the letter is fantastic news, but I am unclear as to whether it means that they are also not going to enforce the CCJ...

 

They're not going to risk court action for a property charge now though.... probably becaue the date that the CCA was received would come out in court. You need to look into getting that CCJ set aside now, if possible.

 

 

After reading it again... I am inclined to think that they will not enforce the CCJ either. Any thoughts from anyone else ?

[diskmandave]

Bach, I am so pleased for you .... the letter is fantastic news, but I am unclear as to whether it means that they are also not going to enforce the CCJ...

 

They're not going to risk court action for a property charge now though.... probably becaue the date that the CCA was received would come out in court. You need to look into getting that CCJ set aside now, if possible.

 

 

After reading it again... I am inclined to think that they will not enforce the CCJ either. Any thoughts from anyone else ?

 

How can they enforce a CCJ given that there is no CC Agreement?

 

Wondering how they got a CCJ in the 1st place given no agreement???

 

Maybe a Judgement here that needs setting aside...?

 

 

[PriorityOne]

How can they enforce a CCJ given that there is no CC Agreement?

 

Wondering how they got a CCJ in the 1st place given no agreement???

 

Maybe a Judgement here that needs setting aside...?

 

 

 

 

Court papers were issued before the CCA request was sent off.... so a CCJ was obtained without being challenged in court (by default). As it stands, a CCJ overrides a CCA request... and payments have to be made because they have been authorised by the court.... but I wondered if the CCA was received before Judgement was entered. Going by the tone of the letter, I am enclined to think that it was....

[rinkydinkydoo]

Hi, take a look at this site, might be of interest

(EDIT)I saw it advertised on credit expert.com

New Consumer Credit act regulatoins come into force tomorrow, making it easier to challenge the consumer credit act. Plus a website's been set up promising to allow people to check whether their loan/credit card agreement is enforceable:D

[ODC]

Surely a half decent solicitor could based on this letter from A&L get this CCJ revoked. A&L have admitted there is no CCA agreement

[buster642]

Court papers were issued before the CCA request was sent off.... so a CCJ was obtained without being challenged in court (by default). As it stands, a CCJ overrides a CCA request... and payments have to be made because they have been authorised by the court.... but I wondered if the CCA was received before Judgement was entered. Going by the tone of the letter, I am enclined to think that it was....

 

Yes, an uncontested Summons will result in a judgment and that CCJ will overrule any CCA as you state.

 

In fact A&L don't need to produce a CCA to enforce the debt because the debt has been "proven".

 

However, what you can do is ask for the judgment to be set aside on the basis of wanting to enter a defence and that may be why A&L are backing down, especially if the CCA was received before judgment because they know that you will be successful.

 

In fact I would be inclined do this anyway, even though it costs money.

 

Although they have said that they won't pursue it, a CCJ still exists and can be enforced at any point in the future (no 6 year limitation) - and it you wait ten years you may not be able to get it set aside because A&L could justifiably state that any CCA that did exist would have been destroyed.

[bach]

Hi to one and all, Just read all your responses, whew where do I start. going to have to read and digest all you very welcolm comments. Unfortunatly got to put on hold just for this morning. Saturday. Im sure there's a lot of other questions now, as I really don't understand the law very much on this.

 

Get back to you all soon. and many thanks to all

Lynn

[Belaflat]

So, can you still send a CCA after a CCJ has been issued and are the DCA obliged to answer it or can they refuse on the grounds the debt has been proven?

Might need to utilise this one myself shortly.

[ODC]

So, can you still send a CCA after a CCJ has been issued and are the DCA obliged to answer it or can they refuse on the grounds the debt has been proven?

Might need to utilise this one myself shortly.

I dont think they can refuse to send you one. But as said previously the CCJ still stands.

[gizmo111]

It all depends on the timing, and as this the CCJ was issued in default whilst the documentation for the defence was requested, then there is very good grounds for it to be set aside.

Apply to the court for a set aside hearing and atteh same time write to A&L and ask them to agree to the set aside, rather then defend at the hearing.

As someone mentions above it is important ot get thsi CCJ quashed as it could come back at any time in the future to haunt you.

[buster642]

It all depends on the timing, and as this the CCJ was issued in default whilst the documentation for the defence was requested, then there is very good grounds for it to be set aside.

Apply to the court for a set aside hearing and atteh same time write to A&L and ask them to agree to the set aside, rather then defend at the hearing.

As someone mentions above it is important ot get thsi CCJ quashed as it could come back at any time in the future to haunt you.

 

Another very good reason for getting it set aside is that it will be removed from your credit file, whereas a judgment that the creditor has decided not to enforce will remain on for six years.

 

I completely agree with the above that if you do apply to get it set aside, copy in A&L explaining why and ask them to simply agree to it.

[ODC]

Can A&L having been granted the CCJ go back to the court and ask for it to be struck off

[buster642]

Can A&L having been granted the CCJ go back to the court and ask for it to be struck off

 

They might be able to, but why would they.

 

At the end of the day, a debt is still owing, but A&L don't have the correct paperwork to be able to enforce it all the way.

 

Allowing the debtor to seek the judgment to be set aside without contesting it is one thing, but why would they take the effort to do this themselves.

[ODC]

They might be able to, but why would they.

 

.

They have requested that the current action be discontinued

[PriorityOne]

They have requested that the current action be discontinued

 

It may be an idea to get A & L to elaborate on that statement.... so that you have something in writing, Bach. You will then know what action still needs to be taken re. the CCJ.

 

[bach]

Hi to all, Thanks so much for everyone's imput.

Iv just finished a letter to A L asking them to

 

 

Thank you for your letter dated 04/04/07 reference.............., ”.

I have noted your comments but seek clarification with regards to the statement

 

“in respect of legal action I have requested that the current action be discontinued"

 

Upon receiving your expanded explanation and if I then, fully understand the position I will be in contact with you further.

 

I will also ring the Court tomorrow and see what I can get from them in the way of info etc

Thanks again, if anyone thinks of anything else I can do at the moment please let me know,

Lynn

 

 

 

 

 

[bach]

Hi to all,

Letter recieved back from A & L. (12th April)

"As I had sort clarification in respect of legal action they can confirm that the legal action has been stopped."

 

Also recieved a letter from the Courts saying (17th April,) "

they have spoken to the solicitor and they confirm that this action is to be discontinued." the letter then goes on to say that

"we are informed that an application to set aside the Judgement is going to be made." No further payments are required and any further correspondence should be directed to A & L rather that Global

 

Letter recived from Solicitor (17th April) enclosed by way of service on you Notice of Discontinuance which today has been lodged with the County Court

 

Can any one help please what should I do now.

 

Thanks Lynn

[diskmandave]

Crack open a nice bottle

[buster642]

Hi to all,

Letter recieved back from A & L. (12th April)

"As I had sort clarification in respect of legal action they can confirm that the legal action has been stopped."

 

Also recieved a letter from the Courts saying (17th April,) "

they have spoken to the solicitor and they confirm that this action is to be discontinued." the letter then goes on to say that

"we are informed that an application to set aside the Judgement is going to be made." No further payments are required and any further correspondence should be directed to A & L rather that Global

 

Letter recived from Solicitor (17th April) enclosed by way of service on you Notice of Discontinuance which today has been lodged with the County Court

 

Can any one help please what should I do now.

 

Thanks Lynn

 

What I would do is just go ahead with the application to set aside and take it from there.

 

However an expert might read something different into the exact wording they have used.

 

As I see it, they are basically saying is that the debt still exists, but because of a lack of documentation, they can't enforce it, or defend a set-aside, so they're going to put into the big "pending" tray for now.

 

In all likelihood, they probably won't ever find the documentation, but until 6 years go by and the Limitation Act kicks in, it will always be a possibility.

[bach]

If the Court letter tells me that "an application to set aside the judgement is going to be made," what does it mean should I be doing this, if not who is?? sorry but not at all sure on all this Law

thanks lynn

[PriorityOne]

Hi Bach,

 

Fantastic !!

 

I would read the letter as... A & L are going to make an appication for the judgement to be set aside.... because it was A & L who went for the CCJ regardless of your CCA request. You can now write and ask for confirmation of when this has been done.

 

You've done it Girlie !! Well done !! One more poke in the eye for A & L

[PriorityOne]

Have just re-read the thread quickly.... I think you might have to apply to the court for the set aside Bach. As you now have written evidence that A & L are not going to defend this, there should be no problem with it.