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Help applying to have Next CCJ Set Aside


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Hello everybody,

 

I currently have a CCJ in respect of money owed to Next Directory, when I received the court summons through I replied with a full admission to the debt with an offer of repayment. Shortly after this I received a copy of the judgement which ordered me to pay the repayments that I had offered.

 

The reason I am on here is that I was not aware of unenforceablity at the time. Since finding out about this I have been trying to get a copy of my CCA from Next, which after a great deal of hassle I have received today.

 

As far as I can see the CCA is unenforceable as it does not contain my right to cancel. Also point 13 of the agreement doesn't make any sense to me and I think I would possibly right in saying that this is not easily legible, which would also make it unenforceable?

 

I have attached a copy of the agreement for you to see to check if I am right..

 

Flickr Photo Download: Next Credit Agreement Part 1

 

Flickr Photo Download: Next Credit Agreement Part 2

 

I would like to try to have the judgement set aside to give me an opportunity to defend the claim but am unsure if I would be able to do this or what I need to do.

 

I read somewhere that the first step I should take is to contact the claimant's solicitors to see if they would agree to have the judgement set aside. If they do not agree to it then I belive I can apply to the court? Is this correct?

 

Any help would be greatly appreciated!

 

Thanks,

 

Matty

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