Removing a CCJ due to CCA fail and wrong default date

[supersnake]

Hi all, looking for some more advice please...

 

I got a CCJ from a DCA in Mar 2008. Out of fear and stupidity I started paying by instalments without doing any research. In Dec 2009 the DCA went in for the full amount and I feared that I would get screwed if i didn't pay so paid in full in Jan 2010. £5000 approx.

 

I then found this forum and got reading and think i have a case to have my CCJ set aside for the following reasons...

 

I have CCA'd the DCA and am awaiting confirmation, I am pretty sure they will not be able to satisfy the demand. If they mess around I will Subject access request them, again I expect no CA to surface. Failing that I will seal the deal with the account officially in dispute letter. This is reason 1, No CCA, deed or statements.

 

The original loan was taken out in 1997 and I'm pretty sure I stopped paying within the first year. If this is true I would have been served the default notice in 97/98 or even 99 at the latest. My credit file shows 2004 as the default date, which i believe to be faked/altered to aid the DCA in collection. This is reason 2.

 

I have Subject access requested the bank to get any letters to prove the exact default date in writing that should have been sent to me at the time.

 

What i need to know is this please;

Can this debt be enforced if one of these issues below exist?

 

No CCA, deed or statements?

Debt over 6 years old, proved by default letter?

No default letter was ever sent to me?

 

Not only do i want the CCJ set aside, i am interested to know if i can get the £5000 back if I win?

 

Thank you all. Respect for such a great site and the good work you do.

 

Snake.

Edited March 31, 2010 by supersnake

[alfwithhair]

If you have settled the CCJ, thats it it settled

You will get no money back and no set aside.

No point CCA'ing DCA now you have settled the original CCJ,

Case is over

 

All this should have been done when the court papers were fisrt issued.

[supersnake]

I thought that was one point of a set aside, to contest a CCJ that is over? I read you can apply anytime upto 6 years after the CCJ was originally issued? If the CCJ was obtained illegally, surely I have some comeback, the money is not important to me, the marker on my file is. Thank you.

[Pinky69]

You would have great difficulty asking a judge to set aside a CCJ after 2 years. You would have to explain to him/her why it took you 2 years to ask for a set aside, why you didn't challenge it when the court papers were issued or after the judgement and why you paid in full before disputing it. I agree with Alf - it is a non-starter.