CCJ ---Appeal ?

[Nottsdave]

Hi

 

I have a quick question

 

I have a court case looming and the agreement is deffo just a application form with none of the presecribed terms (verified on the forum and by a legal bod).

 

So if a CCJ is awarded against me how would I appeal and indeed would I be able to ?

 

 

Notts

[Nottsdave]

anyone got any thoughts ?

 

 

Notts

[emanevs]

application is deffo?.......

 

can you explain?, have you defended or contested the claim??

[Nottsdave]

I was in court back in July and the Judge adjourned. Im back in court shortly.

The agreement the claimant sent me is a application,not a compliant agreement

[emanevs]

Did you put in a defence? when are you back in court?

 

This letter may have helped you, thinks it may be a bit late now?? - or could form part of your defence? (and heres the forum link)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/51914-cca-request-template.html

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

 

 

Regards.

[Nottsdave]

Hi Eman

 

Thanks for that I have submitted my defence and W/S and I now await court.

What I want to know is if I get a CCJ can I appeal ? and what is the process.

 

Notts

[Spamalot]

If you get a CCJ and you wish to appeal you have to ask leave of the court to do so within I believe 21 days...

 

With regards to your defence and witness statement... did you ask if you can amend your defence accordingly should 'anything come to light'?

 

Spam

[emanevs]

blimey, I wouldnt go there!!.... out of choice.

 

Im trying to get one set aside - nightmare.

 

Have a look at my link

http://www.consumeractiongroup.co.uk/forum/legal-issues/207811-northern-rock-enforceable.html

[Nottsdave]

Cheers guys,

 

If you get a CCJ and you wish to appeal you have to ask leave of the court to do so within I believe 21 days...

Thats what I wanted to know

 

Notts

[Spamalot]

Although this link refers to family cases I believe it is also the same for monetry claims..

 

SPIG - Appealing a judgment

 

It gives you the reasons you can use to ask for an appeal.

 

Spam.

[Nottsdave]

cheers Spam

 

Im just worried that if I get the same DJ then I will get stuffed like the first time but I will appeal.

Just because he didnt know the law.

 

 

Notts

[emanevs]

got a ccj in front of me, do you want me to upload the warning notes?

 

I think if you pay within one month, you can ask the court to cancel the entry on the register?

[Spamalot]

cheers Spam

 

Im just worried that if I get the same DJ then I will get stuffed like the first time but I will appeal.

Just because he didnt know the law.

 

 

Notts

 

The art is to 'teach him the law' as you go along.... for every point you make back it up with case law acts etc. Then maybe you won't have to appeal. Just baffle him with your knowledge.

 

Spam.

[emanevs]

got a ccj in front of me, do you want me to upload the warning notes?

 

I think if you pay within one month, you can ask the court to cancel the entry on the register?

[Nottsdave]

if you could that would help.

 

thanks

 

Notts

[the_shadow]

If a CCJ is awarded against you.... you have 30 days to pay it off in full and then it can for a small fee be removed from the CCJ register and its cleared for ever.

 

If you wish to appeal the judges decision you ask after the judgement is given for leave to appeal, if he/she doesnt give it no worry. You apply to the level above the judge you have had for right to appeal.

 

This link walks you through who you have to appeal to...

 

Interactive Routes of Appeal - Civil Appeals Office

 

S.

[Nottsdave]

thanks Shadow,

 

 

Notts