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CCJ Set Aside transferred... can I ask for disclosure?


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Hi all,

 

Right I have been granted a CCJ Set Aside hearing which has been transferred from the court it was initially dealt with to my local one...

 

Do I have any rights for requesting documentation from the original claimant OR do I have to wait until a new hearing for a CCJ is authorised before I start making requests?

 

Thanks

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You could possibly use CPR31.16 to disclose - this has been used to get a company to disclose agreements on occasions - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - you may be able to get them to reveal default notices and the agreement (and a possible notice of assignment - if it was a DCA who was chasing)

 

What were your reasons on the CCJ setaside ? It seems these alone were enough for a judge to consider you may have a case...

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What were your reasons on the CCJ set aside ? It seems these alone were enough for a judge to consider you may have a case...

 

The reason on my set aside was that I was not living at the house at the time the court papers were served on the property.

 

However, I attached a statement of case of which would be the basis for my defence based upon the documents disclosed by the DCA so far (namely an application form for credit & a dodgy NoA).

 

I also essentially argued that the NoA that I was served with claimed HFO Capital now owned the debt but the claimant for the original CCJ was HFO Services - they hadn't assigned the account to HFO Services prior to action.

 

However, I would really like to see the default notice which they have been unwilling to provide so far.

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