Lloyds TSB credit card ccj and now fighting

[dssimon]

Hi, first post here so apologies for all the help required but I really need to know what to do next.

 

I have received a CCj from LLoyds TSB in relation to a credit card I could no longer afford to pay. Then I couldnt afford to pay the CCJ repayments and so it was taken back to court for enforcement and Lloyds TSB have applied for a charge on my property.

 

I know its probably a bit late now but I have decided to fight them with every bone in my body. i am not going to roll over ant take it any more.

 

I have sent a CCA request to them and a SAR request. Received a letter from them in relation to the SAR saying they wanted me to sign a document to prove who I was or they would sent all the information to the local branch and I would have to collect it from there. Obviously I opted not to sign the document and will have to pick the information up. Still waiting for a response to this.

 

In relation to the CCA, I received nothing within the 12+2 days so sent them an account in disute letter. Have received a response to that today stating they have sent reconstituted copies of the agreement (which I havent received) and that they do not have to provide an original copy. also they say they cannot find an original copy and they do not agree that the account is unenforcable.

 

Where do I go from here? What should be my next course of action? Also, I am still awaiting my court hearing date but want all the information to hand so i can defend myself to the hilt.

[ims21]

If it has been to court and a CCJ made against you then a CCA request will be of no use or value to you. The account will also not be in dispute.

 

The SAR will be of use because you may be able to do something with unlawful charges and/or PPI.

 

Did you not offer any defence to the claim?

 

Thread moved to Legal Issues

[dssimon]

No, I didnt offer any defence, I was in a very bad place financially and was drowning under all the debt. I have since taken stock of my life and sorted some of it out but this one has gone too far and now i need to know what I can do about it.

 

If there is no agreement how can the CCJ still be enforcable and sitll be valid? Can I get the CCJ removed on the basis of no agreement?

[ims21]

The CCJ will override the agreement.

 

You say you are waiting for a court date?....is this a review of some sort?

 

When was the CCJ awarded against you?....you might be able to get it set aside but again the passage of time will be against you and you will need a very good reason for getting a set aside if a long time has elapsed. One chance you may have is that if the debt was loaded with unlawful charges and/or PPI.

 

ims

[dssimon]

The court date is because there was due to be a hearing to determine a charging order on my property and I requested the hearing be moved to my local court to enter a defence in person.

 

Yes the ccj was awarded against me. It was may 2011 and I was paying £200 per month until September 2011 when I could no longer afford it.

 

The debt will have late payment charges and such on it. Not sure of the total value yet. No ppi though I don't think

[ims21]

OK so proceed to get that SAR information. From the information you get back you should be able to prepare a claim for the charges.

 

You haven't got a court date yet then so you have some time.

 

Use that time wisely and start by having a read around the forums about setting aside due to unlawful charges.

 

More of the guys will contribute with the precise mechanics of getting the set aside application sorted out

 

ims

[asokn]

To be honest I think you have left this far too late to challenge the debt itself (the CO application is a separate matter but statistically there is little chance of stopping that). The time to challenge the debt is when the claim is issued, not nearly one year after the judgment was entered.

 

If you *do* want to challenge the debt you would need to show a real prospect of successfully defending the claim and you would need to show that you acted promptly in your application (see CPR Part 13). I cannot see how you will overcome that test. Also, even if you succeeded you would almost certainly have to pay the costs of the application and it only restarts the claim, it does not make the debt go away.

 

The only issue you have raised is that of charges. That should not entitle you to set the judgment aside as you can issue a separate claim for those charges and set any damages awarded off against your CCJ, they do not in themselves give you a real prospect of defending *this* claim. In any event you would need to particularised the charges and show that they should be refunded.

 

For the amount of time and money you will now have to spend in trying to unravel this CCJ and defend the claim I really think it would be wrong to suggest that you try. It is of course your decision though and if you want to proceed no doubt people on the forum will help you.

[dssimon]

So if I was to proceed, I would have to apply to have the judgement set aside on the grounds that I wanted to defend the claim. Could my reasoning for this be that I Did not have the information to hand at the time or would I need another reason?

 

Then would I be able to use the fact there is no enforceable agreement as my defence? Could I also claim back charges on this? The debt stands at £10600 so anything I can do to defend myself will help me out greatly.

[dssimon]

What would be my best line of defence with regards to getting it set aside?

 

Then and only if I can get it set aside would I be able to challenge the enforceability of the debt?

 

I need to prepare a case for unfair charges. To do this I need the sar information. Do I wait for this to come before trying to get the ccj set aside or should I do that in the first instance?

[brokebutnotbeatn]

You cannot get it set aside on the grounds that you want to defend it. The time for that was...at the time! Yes reclaim the charges and ppi and that will reduce the debt but the CCJ will still stand.

[dssimon]

Is there any way at all I can get it set aside?

[brokebutnotbeatn]

I know it isn't what you want to hear. What you should do is go back to the courts to adjust your repayments to something you can afford. A CO only means the debt can be paid once the house is sold.

[asokn]

Is there any way at all I can get it set aside?

 

See my earlier post setting out the test etc.

[ims21]

CPR 13 might be worth a read too

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules

[dssimon]

Ok so what would my best prospect of getting it set aside? I understand I need to demonstrate that I have a prospect of defending. I have a letter from lloyds stating they cannot find the agreement. Still waiting for the sar to see what that contains. Also, how would I demonstrate I have done so in a timely manner? I really appreciate your help and I realise this is not clear cut but I really do want to defend myself against this and need to get it set aside.

[asokn]

You seem to be looking for a definitive answer, only you can decide if you have a real prospect of successfully defending the claim such that you feel it is worth your time and your money in trying to get this set aside. I have given my opinion, which is that the application is a non starter, but no one can tell you whether it is something you should do. You also mention how to show promptness, again as I have said earlier I do not think that you can and the application will fail. That is just my opinion though, it is your money at the end of the day.

[Prudence]

Hi dssimon, We had a judgment set aside a few years ago after it had been in place for a year. After that the other side 'Discontinued', so it can happen. Have a read of my thread about it below to see if it is of any help to you. Of course circumstances are different and it may not be the best thing for you but I remember the judge asking me why it took so long and I truthfully replied that we had been in a turmoil and did not know that we could apply for a Set Aside until we had recently heard about it and started looking into it ourselves. The very best of luck to you, Pru

http://www.consumeractiongroup.co.uk/forum/showthread.php?156368-Please-Help-with-Setting-Judgement-Aside-Welcome-Finance