CCA 1974 Enforcement order under section 127

[Number6]

I was thinking about things in general, as you do, when this question popped into my head:

 

Suppose, as a debtor, you defend yourself against court action by a creditor on the basis of an unenforceable agreement. The judge then finds that the agreement is enforceable and you lose the case.

 

Would you then get an immediate CCJ for the amount that the creditor is pursuing you for or does the creditor just get a jugement that the agreement is enforceable and the creditor then has to pursue a further action to recover the money?

 

In other words if the agreement itself is in question does the creditor have to get an enforcement order first and then pursue the money or is the enforcement order and the money judgement one and the same?

 

Any legal minds care to cast an opinion?

[creditcardmug]

Short answer you get a CCJ

[Number6]

Sort of what I asumed.

 

Thanks.

[rory32]

is the enforcement order and the money judgement one and the same?

 

Yes, it's one and the same.

[AndyOrch]

I was thinking about things in general, as you do, when this question popped into my head:

 

Suppose, as a debtor, you defend yourself against court action by a creditor on the basis of an unenforceable agreement. The judge then finds that the agreement is enforceable and you lose the case.

 

Would you then get an immediate CCJ for the amount that the creditor is pursuing you Yes for or does the creditor just get a jugement that the agreement is enforceable and the creditor then has to pursue a further action to recover the money? No because the question of whether its enforcable or not is secondary to the summons amount and challanged in your defence.All part and parcel of the same claim

In other words if the agreement itself is in question does the creditor have to get an enforcement order first and then pursue the money No or is the enforcement order and the money judgement one and the same? yes

 

Any legal minds care to cast an opinion?

 

 

Regards

 

Andy

[pt2537]

if you had a good case to begin and the judge made an error on a point of law then you still have the right of appeal;)

[casbah]

loads to ask

1) if the creditor has stretched the truth a bit how can I get the judge to listen to me?

2) If the creditor has served a default notice can they still charge 2 extra monthly payments?

3) if the creditor has relied on the CCA 1974 section 87(1) then at what point would the contract cease to be covered by the CCA ( when I tried to argue my points under the CCA they claimed it was a commercial contract)?

[r&b]

loads to ask

1) if the creditor has stretched the truth a bit how can I get the judge to listen to me?

2) If the creditor has served a default notice can they still charge 2 extra monthly payments?

3) if the creditor has relied on the CCA 1974 section 87(1) then at what point would the contract cease to be covered by the CCA ( when I tried to argue my points under the CCA they claimed it was a commercial contract)?

 

 

casbah u might be better off putting a link to ur thread if u have one or starting one if u havent, u will get more specific help that way