Could I get a 3 year old CCJ set aside?

[The Janitor]

Hi there.

I'm currently doing battle with various DCA's having taking the excellent advice that's been offered to me on this forum & as things seem to be going ok so far my attention has turned to my only CCJ.

This was made at Rugby county court on 19/07/2005 by Kings Hill who I believe to be a part of the Cabot group.

I didn't question the details or the amount at that time as I was scared to death by the court action and was very upset to have a charging order made on my property despite the claimant accepting my offer of monthly payments.

After receiving advice regarding invalid credit agreements I decided to ask Cabot (who have been taking the payments) for credit agreements for the 3 accounts which formed the CCJ. They have not supplied these agreements & have ignored my reminders.

It has ocurred to me that it is very likely that the 3 accounts they held were probably not backed with valid credit agreements & if I had been aware of this I would have filed a defence.

What I would like is any opinions as to whether it's worth me trying to get the CCJ set aside. I'm aware that maybe the time that's passed will work against me but I would like to know what you think.

Thanks.

[Satterthwaite]

The Janitor, yes it is possible but by no means easy, it is always well worth giving it a go, I have just done it with one over 2 years old.

This is my thread a bit long now but well worth reading through, it may help.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/139232-hfc-restons-charging-order.html

[debbbbsy]

The Janitor, yes it is possible but by no means easy, it is always well worth giving it a go, I have just done it with one over 2 years old.

This is my thread a bit long now but well worth reading through, it may help.

Atlast,

it seems to be that so many are being discouraged from even considering a set a side, simply because of the age of a CCJ. I think there should be a special "sticky" highlighting success stories.

 

Janitor, have you considered looking at the Court Procedures Rule 31.14. PT has a great thread on this.

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

The problem with the CCA request, is theres nothing to stop them turning up in court & saying " Look what weve found", or even creating documents for the court. As a Litigant in person, you'll find it difficult to challenge them at such an important stage. The CPR rule prevents them doing this, it forces them to admit they haven't/perhaps even never had them. This will strengthen your case.

 

Good Luck

Debs

[miffedpuppy]

I am actually trying to do this now I'll let you all know how it goes.

[The Janitor]

Ok thanks Satterthwaite, I quickly read your thread. I don't have much time as I'm off to work soon.

I do not recall if I received default notices & I won't still have them if I did but the fact that Cabot have not provided me with any agreements gives me a small chance, right?

 

debbbbsy, I'm sending another request to Cabot today for the agreements but this time using the CPR rule. Thanks for that.

 

miffedpuppy, Please do let me know how you get on as I'm really going to need lots of help with this.

 

I've given Cabot 21 days to respond.

[miffedpuppy]

I will give you chapter and verse as soon as my application has been heard

[The Janitor]

Ok now Cabot have had over month to respond to my request but have not done so.

I think it's time to start the ball rolling.

Can anyone point me in the right direction please?

[DocH]

Hi Janitor,

 

This would be a good place to start if you've not already read it:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Something to bear in mind when making your decision whether or not to proceed with this, if the bank/DCA decide to defend the set aside hearing and win you will be lumbered with their costs.

[The Janitor]

Thanks for the link DocH.

Will I be ok to send the printed out N244 or am I better off getting one from court?

Thanks also for your comments regarding paying costs on losing this one. To be honest I'm more bothered about a new CCJ being awarded to Cabot & me having to wait a further 6 years for it to vanish from my credit file.

I've approx another 2 & half years before this 1 goes away but I will still be left with paying for it + the charge will still be on my property which is perhaps my main motivation for getting the CCJ removed completely.

I assume that if the CCJ is removed then the charging order will also be terminated.

I asked Cabot some months ago for copies of my credit agreements for the accounts in question & while they acknowledged my request they failed to send anything at all. As I have written, I have again made this request but this time under CPR 31.14 & they have failed to respond at all.

This tells me they do not have the documents I've asked for but will the judge go for my arguement that they probably didn't have them at the time of the CCJ? Maybe it's worth a shot.

[The Janitor]

Ok I finally got round to sorting out my application to get the judgement set aside.

I've filled out the forms, written out the cheque and will be posting later today.

I just hope the court allows the application to go ahead.

Here goes...

[supasnooper]

Hi there,

 

Good Luck with application.

 

There was some good info about getting a set aside posted by pt2537 which I can't find at the moment but will post up when i find it.

[B3rty]

Good luck with this..what reasons have you ask for the set aside as I dont think non production of the agreement after the judgement will do it?

[Last of the Mohicans]

Good luck with this..what reasons have you ask for the set aside as I dont think non production of the agreement after the judgement will do it?

 

 

How about "You've failed to produce under CCA, and failed to produce under CPR, therefore you are proven by your own hand, deed and inaction to not be in possession of an Agreement which you should have possessed prior to making a claim"?

[Last of the Mohicans]

Ok I finally got round to sorting out my application to get the judgement set aside.

I've filled out the forms, written out the cheque and will be posting later today.

I just hope the court allows the application to go ahead.

Here goes...

 

Good luck Janitor

[dck2604]

..

Edited March 24, 2009 by dck2604
wrong thread

[BeauBrummie]

Thanks for the link DocH.

Will I be ok to send the printed out N244 or am I better off getting one from court?

Thanks also for your comments regarding paying costs on losing this one. To be honest I'm more bothered about a new CCJ being awarded to Cabot & me having to wait a further 6 years for it to vanish from my credit file.

I've approx another 2 & half years before this 1 goes away but I will still be left with paying for it + the charge will still be on my property which is perhaps my main motivation for getting the CCJ removed completely.

I assume that if the CCJ is removed then the charging order will also be terminated.

I asked Cabot some months ago for copies of my credit agreements for the accounts in question & while they acknowledged my request they failed to send anything at all. As I have written, I have again made this request but this time under CPR 31.14 & they have failed to respond at all.

This tells me they do not have the documents I've asked for but will the judge go for my arguement that they probably didn't have them at the time of the CCJ? Maybe it's worth a shot.

 

 

Sorry just wrote a complete load of rubbish by misunderstanding what you wre saying in red.

 

Still very interested in this thread though, as I have exactly the same circumstances at about the same time with Cabot, but have been wondering around in the dark so far looking for a door to open to the possibility of getting the CCJ set aside.

 

Beau

[The Janitor]

How about "You've failed to produce under CCA, and failed to produce under CPR, therefore you are proven by your own hand, deed and inaction to not be in possession of an Agreement which you should have possessed prior to making a claim"?

 

Yeh, thats about the size of it.

I CCA'd Cabot months ago & they didn't provide the agreement then more recently I requested again the agreement but this time under CPR & they didn't even respond.

We can assume that they do not have the credit agreement so it's likely they didn't have one at the time of the judgement.

As I see it, my major problem is explaining to the judge why I've left it so long before applying for the set aside.

Having the CCJ has been a real pain as I've even had trouble applying for a current bank account but another burden here is the charging order on my property. If I could get the CCJ overturned then the charging order will be removed & that would be a wonderful result

I sent off the application yesterday so I'm just hoping the judge won't dismiss it at the 1st hurdle.

[r&b]

with regard to the time issue have a look at Dochs advice on post #18 & 20 of this thread. if CPR13.2 applies, there is no time limit apparently. may be what you re after? also 42man has mentioned the limitations act 1980 s32c should there be any unlawful charges attached. hope that may help

r&b

finding faulty cca agreements after a ccj?? - The Consumer Forums

[supasnooper]

Here's a pdf that pt2537 posted up a while ago regarding set asides -

Set aside procedure Southern_&_District_Finance_plc_v Turner_-_[.pdf

[r&b]

supa, was that on a thread? if so do u have the link at all? doing 2 set asides myself so gaining as much 'ammo' as i can.

[supasnooper]

I had that pdf document stored on my pc as it was mentioned a few times.

 

I'll try to find the thread that I saved it from later.

 

You may wish to trawl through some of the posts made by pt2537 around 28th Jan 2009 and find the relevant thread

[r&b]

great thanks supa

[The Janitor]

Thanks for the input.

That pdf was a little over my head though.

I didn't really address the time issue in my N244 application but maybe I should have.

Is this something that will that the judge will question me about should I be granted a hearing?

Can't say I remember receiving a default notice prior to the CCJ either but looking around here it seems that Cabot not having a credit agreement is the strongest arguement for me.

How long will it be before I hear anything regarding my application?

[manchester1]

Good luck janitor, I am in the process of going down the CPR route with a OC ,who despite my SAR req have sent only statments and no CCA . I will be following yours & r&b thread closely.

 

Manc1

[r&b]

supa sent me this link when i started on this route: National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

note at the end under certain circumstances they will take account if the application was made 'promptly'. from what i can gather it is something that they can attack so you need to have some form of reasoning as to why the application has been delayed.

i got my paperwork back in few days.

in my case its not quite as long as yours but i guess the reasoning is the same and i ll have an answer on 8th april as to whether it worked or not!!!!