Arrow/evershers CCJ+CO over old MBNA debt

[outerspace79]

Hope this helps

 

 

 

 

Before the court can issue a warrant, the defendant must have:

• failed to pay the amount he or she has been ordered to pay; or
  
• fallen behind with at least one of his or her payments.
  

So in short yes they can providing they have a CCJ against you and you fall into one of the 2 above. However that is a long way off and the last resort

[twofoot]

If you haven't sent off for a CCA do it now.

[dx100uk]

Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?

 

has this debt jyust been passed to a dca for payment or have they brought the debt?

 

more info pse?

 

dx

[rory32]

Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?

The short answer is yes if they have a CCJ against you but not simply because you have failed to pay or fallen behind with installments.

 

Normally they cannot ask the county court to issue a warrant if the amount they want the bailiff to collect is more than £5,000. The exception to this is if they are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) They can however ask an Enforcment Officer (through the High Court) to try to collect the money they are owed or to remove goods.

 

I would also point out though that there is very little point in them applying for a warrant unless they are fairly sure that you have the money or the goods to pay it. The bailiff will not take your goods if they are not worth enough to pay the warrant after the costs of taking and selling the goods. Goods sold at auction often raise only a fraction of their original value and bailiffs are restricted in the type of goods that they can take.

[reggie76]

Thanks guys, I did a bit of digging but was confused about the up to £5k statement but the exception was the CCA 1974. It was for a credit card and it is to do with another link I have set up http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190992-reggie-eversheds-arrow-global.html

[r&b]

reggie, giving a little bump here but i dont think the acc in dispute is going to mean anything as u already have the CCJ and CO. Im going for set 2 set asides on wednesday and the stumbling block appears to be the PROMPTNESS of the application to set aside. from what ive read on here it seems to rely a lot on the particular judge u get, but its an obvious route of attack for the other side to cut ur arguments dead. if u get past that bit and u have good grounds for defence u have a chance. dont know if u ve seen it but Doch flagged this winner 2 yrs after, which i believe Sequenci helped with so it can be done:

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

[reggie76]

Thanks r&b, do you have a thread so I can see how you get on on Wednesday? What is your defence.

 

Good luck.

[r&b]

sure reggie, these are they:

1. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180864-finding-faulty-cca-agreements.html

2. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180864-finding-faulty-cca-agreements.html

essentially same arguments first one has no agreement at all, second has application form...

[reggie76]

The short answer is yes if they have a CCJ against you but not simply because you have failed to pay or fallen behind with installments.

 

Normally they cannot ask the county court to issue a warrant if the amount they want the bailiff to collect is more than £5,000. The exception to this is if they are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) They can however ask an Enforcment Officer (through the High Court) to try to collect the money they are owed or to remove goods.

 

Okay so this brings me back to the point that if they cannot produce a signed consumer credit act or it is has not been presented to the court, how can the court make a court order, a charging order and then a warrant of execution? Especially if I have been making monthly repayments without missing one payment. Although I have to point out that I was ordered to make full payment forthwith which I advised I could not do!

[reggie76]

Good luck on Wednesday, tomorrow I assume? What time you in court?

[r&b]

thanks..ill put the dets up late pm/early evening i expect..

[reggie76]

Go get em!!

[reggie76]

Bump

[debt4get]

once they have a ccj the fact that there is no cca forthcoming is irrelevant you must always defend the action in court before they obtain the ccj, if its uncontested the ccj will be automatically be issued by the courts

[reggie76]

But surely the creditor must present the CCA to the court to get a judgement against me in the court?

[debt4get]

however and further to my post, I am wondering if you may be able to get the court to set the judgment aside if they cannot now produce the cca? however, you are going to need someone with a bit more knowledge than myself on this score

[reggie76]

prefer your last post, lol!

 

I can but try!!

[debt4get]

I am not too sure on that point, whether they have to produce an exact copy of the cca, in order to obtain judgement, cant see the courts going over the fine print of each and every cca to make sure it is legally binding

[debt4get]

yeah none of it is nice reading, once ccj obtained, means you fighting a rearguard action, where the dca is on front foot, somehow we gotta work out way to get them on backfoot, dont know if you can issue a cpr request now court action already taken

[reggie76]

I have a couple of ideas but am waiting to see if a CCA is available and yesterday I sent a SAR.

[debt4get]

You can apply for a set aside of a CCJ which will cost £75.

 

You would need to demonstrate a very good reason as to why you wish to do so ( no CCA or indeed an unenforceable CCA perhaps) and explain the elapsed time from the CCJ to the current date as to why you hadn't applied earlier. If you get a hearing it could be £75 well spent.

 

There are several cases of this happening on the forum so you'll have to search them out.

 

However, as dx100uk has pointed out, you may get a judge who will not allow a hearing for a set aside and it's £75 waved goodbye.

 

It's your decision. I would do some research before you decide.

 

Best Of Luck.

 

just found this by typing in search 'set aside judgement' like the poster says good luck

[reggie76]

Thanks, have searched around the site to get info. Spending a lot of time now getting ideas for my case.

[reggie76]

Thanks Chris, appreciate the advice but am I able to send them the account in dispute letter if I do not receive the CCA I requested if I have a CCJ & Charging order in place?

 

Anyone have advice on this?

[rory32]

Although I have to point out that I was ordered to make full payment forthwith which I advised I could not do!

Who did you advise of this and how?

 

Did you apply to vary the judgement e.g. by applying for a time order using N244 and paying the £65 fee (unless you are fee exempt) including full details of your circumstances and a full personal budget sheet with the application?

 

As long as the judgement remains forthwith they do necessarily have to accept your installments.

[reggie76]

I advised the court and the creditors.

 

No, I completed a N245 form.