A & L Trying Court second time

[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.

[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.

[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.

[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.

[buster642]

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.

 

Yep. That's how I read it... The court have been told that someone (i.e. you) will be applying to have the judgement set aside.