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A CCJ is not enforcement??


bushtuckerkid
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Hi Guy's.

 

I recently had a hearing to have a judgement set aside (Cabot), which it was due to not being served correctly. However, a couple of interesting points were raised:

1 The solicitor acting on behalf of Cabot informed me that a CCJ was not infact enforcing a non enforceable agreement. If they tried to enforce the CCJ, then that would be enforcement???

 

2. The Judge hearing the case, after setting aside the judgement, informed me not to rely on "the popular belief that if a creditor doesnt produce documents requested under CCA1974 that you will win".

 

Im a little confused to say the least, has anyone else had a similar experience?

 

Scare tactics by the solicitor? Or is he ill informed?

Is the judge saying that we dont have a hope of defending our cases even if the CCA is on our side? Whats the point of the act if not to offer some help to us consumers?

 

Thanks

 

BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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The Judge is correct, just because they haven't got the correct documentation doesn't mean an outright win, there is a lot of other evidence needed.

 

I think what the solicitor is trying to say is "once we have the CCJ we can enforce the terms and conditions of the agreement onto you" which isn't strictly correct - however I stand corrected on this point.

 

Some of the solicitors sent to court are not very clued up on the actual process of what they are dealing with and are usually very junior.

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Hi, thanks for the response.

 

I thought that about the solicitor.

As with regards to the judge, i appreciate your comment. However, Cabot have yet to respond to my cca request under section 78. Without their response surely they are not entitled to go to the courts, and surely the courts has an obligation not to hear the case? I think i read something on here regarding this.

It just i have received an allocation questionaire and they have asked for info i deem might affect the case. Is it worth even defending? Thanks, BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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No, they can go to court on different grounds, ie that you defaulted on the payments, completely different scenario to not having a CCA in the first place.

 

That is where the 'we can get your debts wiped' companies screwed up they system, they concentrated on lots of little bits rather than one big bit and made it difficult for others to claim... one wonders who put them up to it in the first place and why they got so much publicity....

 

Not having a CCA is NOT an absolute defence against having a CCJ recorded against you. It means they cannot enforce the debt via the CCA terms and conditions but can enforce the debt via other legal means...

 

I think one of the cases to read up on is Wilson v Hursthanger....

Edited by sillygirl1
missed case law
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Sorry for crashing in on OP's thread but no other way to catch pt's attention.

 

PT please when you are able pop in on my thread and look at post 12 and see if my cca has the prescribed terms?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282187-DG-Solicitors-issued-NI-Form-on-Faulty-DN

 

Sorry once again and thanks pt

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