Challenging count court judgement

[empathia]

HI

 

Can anyone help? I have found out that a CCJ was taken out against me by Howard Cohen and CL Finance as they say I did not give them my new address and did not pay an old loan. The Loan is over 10 years old and I did give them my new address but they kept writing to my old address.

 

They took out the judgement without my knowing. I have requested the original signed agreement and asked for the CCJ details and they do not respond to my letters at all.

 

Is there anything I can do??? Please help

[BankFodder]

Yes, if the loan is time barred then you should apply to have the judgment setaside.

 

Also complain to the OFT and to Trading Standards

[empathia]

Thank you for this reply but I don't think it comes under time barred as I was making payments to CL Finance, there was a small break in payments as I could not contact them and they did not contact me but I have made payments since.

 

I'll check out the links but they don't seem to apply in my case?

[Ganymede]

HI

 

Can anyone help? I have found out that a CCJ was taken out against me by Howard Cohen and CL Finance as they say I did not give them my new address and did not pay an old loan. The Loan is over 10 years old and I did give them my new address but they kept writing to my old address.

 

They took out the judgement without my knowing. I have requested the original signed agreement and asked for the CCJ details and they do not respond to my letters at all.

 

Is there anything I can do??? Please help

 

 

 

 

When was the last time you made a payment or acknowledged the loan?

 

If you weren't served with the Claim Form then youwill have grounds to set the CCJ aside.

[empathia]

I last made a payment in April while I was trying to find out about the ccj I made some payments from Jan 09 but have only just found proof this exists as they just send me threatening letters and make threats over the phone. I've stopped paying because they won't reply to me.

 

I never saw any documents about the ccj it was taken out without my knowledge

 

Thank you so much for your help

[Ganymede]

I last made a payment in April while I was trying to find out about the ccj I made some payments from Jan 09 but have only just found proof this exists as they just send me threatening letters and make threats over the phone. I've stopped paying because they won't reply to me.

 

I never saw any documents about the ccj it was taken out without my knowledge

 

Thank you so much for your help

 

 

 

In that case the loan will not be statute barred as the 6 year time limit runs from the date of the last payment/acknowledgement so they are entitled to pursue you for the debt.

 

However, as you were not served you can set the CCJ aside and then try to defend it!

[supasnooper]

Have a look at these links on Setting Aside a CCJ -

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

[empathia]

Thank you for all your help.I will take a look