court order /cca

[DOZY]

Hi

 

I have got a court order for £3400 payable @ £2-00 per month, from dec 2006, I think the debt is for the CO-OP and Equidebt, and now been run by geofrey parker bourne solicitoers,

 

on the 19th august 2009 I have received a letter reminding me of a warrant of execution saying they are instructing the bailiffs to act', basicly to act in 48 hours to avoid this action.

 

On the 24 th august a request for the CCA was sent out, no reply whats so ever.

 

A request was sent on the 03 september 2009 , requesting a write off on hardship and health grounds , no reply has been received to date.

 

My question is although a court order was issued ,can i challenge them to prove a valid CCA was shown to court, or is just a application ok for the court.

 

Also can I request a CCA even though the court are involved .

 

If every reply i get says yes , i will send for a SAR , or can i get something done about it at the court.

 

dozy

[baileyboy]

The court order will in effect take preference over the cca request. That is now dead and buried in effect.

 

If you was ordered by the court to pay £2 per month, and you have kept it up without missing a payment, then the creditor can only increase the payment or claim full repayment by going back to court and getting the original order amended. You would be aware that this was being done since the court would inform you prior to any hearing.

[Bazooka Boo]

IMHO and to bump you back up the top of the list, As the court has ordered you to pay £2 a month and you fail to adhere to their order then Bailiffs will remove goods to the amount.

 

CCA'ing them now has absolutely no effect, this should have been done long ago when they were initially asking for money, a court order or CCJ overrides any technicalities such as an enforceable CCA.

 

So if you are unable to pay the £2 a month then you could apply to the court to get this judgement set aside, although 48 hours is not long enough.

 

£2 a month is extremely lenient, and as you failed to put in any defence then that is what you must pay, until ordered otherwise, 'by a Judge'.

[DOZY]

Hi Dozy here

 

regarding your replys i,m a bit miffed by them, but anyway what i forgot or wanted to say was that i have had some success with write offs and have some non-compliance with CCA requests , those that i have received are only application forms not CCA,s.

and another one wrote it off probably knowing they had no true CCA document

 

But back to my original posting , what i thought ,given what i now know of CCA,s , is their could be a chance that they too produced just a application form to the court, and not a true copy, i do not think the courts would decide to interfere in this aspect,so long as the paper work appears ok to them .

 

Do the courts check that the CCA is true legal document ,or doe,s it just pass it through as ok .

 

This is the reason why i have CCA,d the solicitor, with no reply as such yet.

 

If the solicitor thinks its ok to call in the ballifs , i think originaly the creditor got the court order not the solicitor, thus GPB would not know what was presented to the court CCA wise.

 

Therefore can i challange all parties to provide the CCA/goods and if the court order was made on an application CCA ,and not a true copy of it.

 

And can i ask the courts for a copy of those documents presented as CCA agreement.

 

dozy

[raydetinu]

You are subject of a court order to pay £2/month; you can apply to get this set aside or changed on presentation of new grounds, which will be up to you to substantiate. Only the court can change this charge and they will be within their rights to call in balifs if you are not paying.

[DOZY]

Hi

Too put it bluntly I wish to know if i can receive a CCA from GPB for the original that should have presented to the court on in Dec 2006, the court was in nottingham , i live in birmingham.

Can i ask GPB to produce the original true CCA that may or was not presented to the court in my absence, or documents that were from GPB or equidebt to the court.

 

dozy

[Bazooka Boo]

IMO Dozy, you can ask, but the court has already decided that everything was above board and all documents were legally enforceable.

So the OC or GPB/Equidebt do not have to show you or provide the Agreement, as a Judge has decided it was all correct.

 

If your arguement is that you were unable to travel to the court, then that should be case enough to have the CCJ set aside, but it has gone past the CCA stage unfortunately, and I'm not even 100% sure if you can reqest it if you get the judgement set aside??