ccj set aside

[credit allergy]

I received default ccj in 2005 during repossession. In 2007 found that ccj had been issued but there was no cca for the credit card. No enforcement has been taken. Is it to late to apply for a set aside as I feel confident as there is no CCA

[postggj]

why did you not respond /defend the claim

was it sent to another address/old address

[credit allergy]

I was about to be repossessed so papers went into a big pile. On joining this site in 2007 cca'd them but on checking paperwork found ccj by default. solictors said they were not enorcing and creditor said they were having difficulties with cccas. Earlier this year dca contacted me but heard nothing since. So i wonder whether it is worth £75.00 for a set aside. Obviously my arguement is weakened by the time that has elapsed however I did cca them in 2007 also Some info suggests there is no time limit for an application

[postggj]

Well Forget About Asking For A Cca

As A Ccj Has Been Granted The Only Thing Left Is To Apply For A Set Asside

 

Well As Its Been A While And In Your Position I Would Leave For Another 12 Monts And It Will Be All Finished

 

As Long As No One Is Chasing You

 

Its A Bit Old This Account

 

But Thats Me And Its Your Choice

[credit allergy]

The reason the cca was important was that if set aside was succesfull and they restarted proceedings I would have a defence also the court could see i had a chance of success. I understand about six years but is that not just for credit file purposes are they not allowed to enforce. thanks for your replies so far.

[postggj]

Once Six Years Have Elapsed, The Original Creditor Would Have To Go Back To Court To Enforce

 

Very Unlikly A Court Will Allow As It Will Say The Creditor Has Had Plenty Of Time

 

Not Come Across A Thread Yet Where A Ccj Has Been Enforced After Six Years

[postggj]

By The Time The Court Has Allowed Set Asside,

Then A New Case To Be Tried

 

Its Three Months On A Set Asside

Anything Up To Six Months Then For A Fresh Trial

 

The Time Scale Is All Mounting Up

[credit allergy]

so how would i defend it if it went to new dca for example after six years could i raise set aside arguement at a later date and what would my reasons be for non payment so far.

[postggj]

Well Thats What I Would Do

 

If A New Dca Started On You, Yes Then Go For A Set Asside

 

You Will Not Have To Explain Non Payment

You Have A Letter Stating That The Debt Will Not Be Enforced

 

It Will Be Down For Any Dca To Explain Why In The Previouse Six Years The Ccj Has Not Been Enforced