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un1boy

2 CCJS for same debt?

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Hey guys,

 

My dad has had a CCJ registered against him about 5 years ago by a CC company.

He didn't realise until about 2-3 years ago,

 

we sent a sec 78 request,

to which they replied with a copy of the agreement that was effectively a word document

- no signatures, no prescribed terms etc.

 

They then said the agreement was enforcable and kept sending it to debt collectors.

We kept sending sec 78 requests, to which the debt kept getting returned.

 

Then, one of the debt companies sent a copy of the agreement with no t&c's, n prescribed terms and I think it may have had his signature on it.

( I can'y remember).

 

They are noe theatening to register a CCJ agsint him, saying that there isnt one on his file now.

 

I have 2 questions:

 

1. Am I right in thinking that their first response to a sec 78 request is the legally recognised one under the CCA?

 

2. Can they register another CCJ even though there has already been one? Even if it may have come off due to the 6 year rule?

 

Any comments will be gratefully received.


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Guest wino

They cannot issue another CCJ for the same debt.

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Thanks Wino, I didn't think they could. How would the court know though if it's over the 6 years?


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Thanks Wino, I didn't think they could. How would the court know though if it's over the 6 years?

 

They may not as their records are usually destroyed after that point. Is there proof of the original judgment?

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