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mitsy95

Urgent legal advice needed to get CCJ set aside need defence

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Hi

 

If you have written a letter to the DCAlink3.gif and they have not complied after 12 days what do you do? I am in this situation and they are taking me to court. Trial in October they did have a CCJ against me but I had it set asidelink3.gif on the grounds that I knew nothing about it. The DCA did not contact me to let me know that they are taking me to court. I was paying another DCA at the time for the same debt.

 

Can I stop the court action until they comply with sending me a legible copy of the agreement? All I have received is an ilegible copy and the PPI is not separate as it should be.

 

Many thanks in advance:)

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Bump :)


Time flies like an arrow...

Fruit flies like a banana.

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Hi mitsy,

 

A LOT can happen between now and October, so try not to be too worried right now.

 

Who is the original creditor, and who is the DCA taking you to Court?

 

Apart from anything else, you cannot have two DCAs set on you at the same time.

 

DD

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Hi Daniella thank you for replying:)

 

The original DCA is SQN and the DCA taking me to court is Robinson Way their solicitors being Horwich Farrelly. I am still paying SQN and by what I have seen (a statement) I beleive they are sending the payments to Robinson Way. SQN tell me that they have sent payments to robinson Way but they will not give me proof. Horwich Farrelly are calling my payments alleged payments even though I have sent them copies of years worth of bank statements.

 

I can put a copy of the agreement they sent up if you want to have a look. I have also been told it's unenforceable because of the PPI not having separtate terms.

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Hi Misty

 

Please Post Up The Agreement And Ill Give You The Decision On The Ppi And Perscribed Terms

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Here you go postggi

 

001.jpg

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That is as good as it gets you cannot read it at all.

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Well Its Totally unenforceable

 

Have You Rec RCEIVED The N1 County Court Claim Form Yet

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No I have not received one of those.

So far allocation questionaire

now judgement for a list of things

standard disclosure that I have done

request for copies which I have sent and they have sent me just the CCA I have just posted.

exchange statements on 16th August.

That is it so far I was wondering if it should even go to court with that CCA and what I should do.

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pre trial check list due in August also

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Sorry Ime Confused

 

Have You Been To Court And The Judge Has Ordered Disclosure Or Did You Do A Cpr Request For The Docs

 

An Allocation Questionaire Is Done After Defence Has Been Exchanged

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Not been to court yet at all

I was sent a judgment saying I had to fill in an AQ which I did.

After that came another judgement listing various things. I had to send a standard disclosure via a list which I did to the DCA and the court. The other side had to do the same.

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I had to call the court to ask what it all meant I have no idea:confused:

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Well Its Totally unenforceable

 

Have You Rec RCEIVED The N1 County Court Claim Form Yet

 

Why is it totally unenforceable? I'm intrigued.

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Not been to court yet at all

I was sent a judgment saying I had to fill in an AQ which I did.

After that came another judgement listing various things. I had to send a standard disclosure via a list which I did to the DCA and the court. The other side had to do the same.

 

 

WELL THAT WOULD BE A COURT BUNDLE

 

CAN YOU CONFIRM A TRIAL DATE YET

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Can You Confirm The Date You Signed The Agreement

 

Month And Year

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Can You Confirm The Date You Signed The Agreement

 

Month And Year

 

September 1998?

 

untitled.jpg

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Some Basic Questions

 

When Did You Stop Payments

 

When Did You Then Acknowledge The Debt In Writing Or Payment

 

Do You Have A Default Notice

 

Termination Notice

 

Notice Of Assignment

 

Terms And Conditions

 

I Could Go On And On

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court date within 3 weeks commencing 4th October.

 

it was signed september 1998

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Answers As Above Please

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I have not stopped payment to DCA I am still paying the first DCA SQN.

I do not have a default notice or termination notice or notice of assignment or terms and conditions.

What do you mean by acknowledge the debt?

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When Did You Stop Payments On The Original Agreement

 

and

 

when Did You Restart Payments To The Original Creditor Or Dca

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it was a joint loan and i was left with it

last payment on original loan 5-8-99

start date paying original DCA 21-3-00

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Apart from dealing with the above questions which are very relevant, I'd suggest you get your thread title changed to LEGAL HELP NEEDED - ABBEY NATIONAL - what to do next .... etc. That will bring in some other people who are dealing with Abbey on these issues or others, and you'll be able to see how they are doing.

 

That form is totally unenforceable.

 

I am glad you are getting some wonderful help here - I only went away for an hour to put my daughter to bed and you are already on the second page. :)

 

DD

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Why Have They Issued A Court Claim If You Have Been Paying Them For 10 Years

 

Thats A Very Long Time

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