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KJ123

Enforcing an 8 years old CCJ

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Just looking for a bit of help, I am helping my friend who has recently received letters from a DCA chasing an old debt from 1996. She moved house in 1998, never paid anything and never acknowledged the debt. Unbeknown to her a CCJ was entered against her in 2001 (I suspect to her old address and I am also guessing it was by default) and recently she is being chased for this debt and has received an Interim Charging Order a couple of days ago with a hearing set for Sept 2009.

She cannot get a copy of the CCJ as the registry Trust do not keep them for longer than 6 years, and the DCA have not (will not) give her a copy - despite asking for one. She did write to them before the Interim Charging Order was received to say its past six years etc and they cannot enforce it but the DCA wrote back and said “We have in the past made a number of attempts to enforce Judgments aged more than 6 years but increasingly find them returned with an order that leave is not required unless the intended enforcement is a writ. Since a Charging Order is not a writ, the age of the Judgment is irrelevant”.

Can we apply to have a CCJ set aside after 6 years, how long can a CCJ go on for? Any help would be grealy appreciated

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She should definitely contest the charging order - a judge would want to know why such a long period of time has elapsed before enforcement and if she moved house before the court papers were delivered this is an absolute reason to have it set aside. They have had plenty of time to trace her - how come they have just managed to find her now!


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Guest janensteve

surely a set aside applicatio for the judgement seems in order, this will have the effect of striking oput the interim charging order. but you need to make sure court is aware of set aside application and adjourn final charging order hearing until set aside has occured.

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Thats what I thought but I wasnt sure she can actually set-aside with it being so old, she has no documentation whatsoever and can't get any either (because no one holds a copy after 6 years, there is no record of it as such)

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That's exactly why it should be set-aside.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Guest janensteve

The interim charging order application should recite the date and amount of judgement as well as the claim number. I assume you have this by way of notice ? If not, ask the court for a copy.

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1996

 

May i ask what was the allged debt

 

credit card loan...

 

CCA FROM 1996 IT HAS GOT TO BE A GOOD BET GO FOR THE SET ASIDE I WILL POST A LINK TONIGHT AND A CASE LAW.

 

YOU WILL NEED TO GET A COPY OF ALL THE COURT PAPERS POC ETC.

 

SAR THE ORGINAL CREDITOR IN REGARDS ,TO THE CHARGING ORDER FIGHT IT ON THE GROUNDS THAT THE JUDGEMENT WAS IN DEFAULT AND YOU ARE GOING TO APPEAL

Edited by lilly white

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html

 

There you go have a read.

 

Also look for this case in regards to judgement debts over 6 years this will make the court sit up. a lot

 

In Patel v Singh [2002]

 

regards lilly white

Edited by lilly white

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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The charging order claim number will be the same original from the CCJ. It should also state were the CCJ was issued,date, etc., it will probably be the same court as the charging order.

For the courts to allow the charging order, they must still have access to the original CCJ, & her file.

She needs to speak directly to the courts to get a copy.THEY WILL HAVE IT.

She also needs to do a CPR request, using the civil procedures rule to force them to disclose the documents.They have exactly 7 days to comply.

Once the time is up, apply an N244, again quoting CPR 31.14. This time they have 14 days to come up with the documents they refer to in the particulars of claim.These documents HAVE to be submitted to the courts. If they don't respond she can have the claim struck out.

I'm sure more help will come.

 

Debs

 

Debs

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Edit to suit

ASK FOR EVERTHING

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Thanks Lillywhite, she has sent this letter off. The Interim Charging Order does say which court (Northampton) and does give a reference no. and date but there is not a copy of the CCJ and she has checked with the court they dont have one either.

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