Arrows/Carter - Shop Direct CCJ (2010) set aside & Default Removal?

[TheDude1]

As mentioned earlier and ignored by yourself, Not receiving the Court papers is more than enough to get a 'set aside'

 

In light of my previous experience of trying to set-aside my other judgment - solely relying on 'Not receiving court papers' is NOT good enough unless you can provide a good defence that the claim form was not served correctly i.e. different address.

 

The judge rejected my application as I solely relied on 'Not receiving court papers' and he questioned why oddly enough I never received all the other previous correspondance, to which the Claimant presented these documents (default notices, enforcement notices etc) to the Judge at the set-aside hearing.

 

It is my belief that these documents the Claimant presented went against my set-aside hearing thereon, as it simply strengthened the Claimant's argument of the Defendant receiving the Claim form and ignoring it, as it would be hard to believe all the other documents were simply 'lost in post'.

 

It's completely pointless at this stage trying to use the documents you requested to help with the set aside as the CCJ has already been granted.

But if the claimant cannot provide these documents (it is my belief they were not served), then surely this will strengthen my application to set-aside.

 

Then again, the Claimant could easily produce fraudulent documents to prove these documents were served before submitting a claim, all they would need to do is add the correct dates... And I guess proof of posting wouldn't even enter the equation.

 

Thanks

Edited July 8, 2012 by TheDude1

[Gaston Grimsdyke]

1. Not receiving the claim form alone is never going to get the judgment set aside. You also have to prove you have a defence with a realistic prospect of success. You don't have one yet.

2. Asking the claimant to prove their claim now is no defence - it's just a pure fishing exercise. It's down to you to prove you have some kind of defence, it's not good enough to say you might have one if they can't produce certain documents now.

[TheDude1]

Hi

 

I took on catalogue credit in 2006 and defaulted in 2008 with £400 debt remaining.

 

A DCA got a CCJ by default in 2010... And that was that, they did not enforce the CCJ and no money has been paid.

 

I sent SAR/CCA requests plus other ping pong letters to them a few months ago and they have finally admitted in writing that they are unable to obtain a copy CCA

and that the account is no longer subject to collection activities - unless it does becomes available.

 

My question is if they 'no longer' wish to pursue collection activities then are they planning to finally enforce the CCJ?

 

How would it stand if they do take it back to court i.e. AoE, CO etc, then could the non-existence of a CCA prevent the Court from granting such an order?

 

I'm just wondering the best way to go from here.

Thanks

[havinastella]

As they now have a CCJ against you, this supersedes the CCA.

 

Should they enforce the CCJ there is little you can do.

[dx100uk]

have you ever sar'd the cat company & reclaimed any PENALTY charges?

 

dx

[Bandit127]

My understanding of this is that the CCJ has legally established the amount of money in the judgment as a new debt. Therefore previous legislation does not apply (CCA or Statute of Limitations).

 

As such, the DCA ceasing collection activity because they don't have an agreement is doing you a favour.

 

The other alternative is to look in to getting the judgment set aside. However, on the face of it, you don't appear to have strong grounds for that.

[twofoot]

When a debt is passed on they are often not aware of a ccj so if it is passed on again don't remind them.

[unclebulgaria67]

I suspect that many of these CCJ's are not enforced, as their experience is that a large percentage of people will choose to settle the CCJ at some point within the 6 years. Therefore they see little point in getting involved in any enforcement action. Sometimes gaining enforcement for say £1 per month or other token payments costs more to administer, so why would they bother.

 

Remember that having a CCJ on your record will cause you problems in gaining any form of credit, some utility services to your home, mobile phone contracts and certain types of employment. So sometimes paying a CCJ is a smart thing to do, if you can afford to settle in full. It will still show, but at least it will be updated to show as being settled.

[TheDude1]

Hi all,

Thanks for the replies!

 

As they now have a CCJ against you, this supersedes the CCA.

 

Should they enforce the CCJ there is little you can do.

 

Thanks for the post

 

 

have you ever sar'd the cat company & reclaimed any PENALTY charges?

 

Yes, I have sar'd them a few months ago. They charged me £208 administration charges, if I were to claim interest at their rate, the claim would be £750... I put this claim on hold because I focused on another claim (which I lost in court)... Anyways I will be trying this claim.

 

Thanks bandit for the post, yes I was surprised that they have ceased collection.

 

Thanks twofoot, you could be right, however I think they are fully aware of the CCJ - They've just not bothered enforcing it... I think when they filed the claim, they were hoping that I would settle it before judgment.

 

Thanks unclebulgaria67, I am aware of the damage it does, I am only now getting credit again... To be honest I didn't realize at the time the significance of having CCJ's, if I could turn the clock back I would have prevented this.

 

Thanks all

[havinastella]

Should you need any help with the reclaim for charges, post back and we will do all we can to help.

 

JOgs

[TheDude1]

Hi

Wondering if anyone can shed some light on this,

 

A DCA is currently reporting default entries after a CCJ was granted over 2 years ago, this CCJ is currently unsatisfied, however I am paying it monthly without fail.

 

According to some guidelines:

"Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar arrangements

 

46 We do not see any inconsistency in filing defaults relating to debts which the lender has also tried to recover through a CCJ or decree. Of course, the default must not be filed as being after the date of the CCJ or decree. "

 

Just doesn't seem fair that they are still applying defaults... For example...

My CCJ will automatically fall off credit file in 2016, however these defaults will not vanish until years after this, unless they are planning on removing all defaults when the CCJ reaches 6 years? (Which I doubt).

 

Thanks for any help

[BRIGADIER2JCS]

Apologies your post seems to have been missed, welcome to CAG.

 

I'm afraid the DCA is correct here they are not adding new deafults merely up dating the credit reference file, the default remains the original one even with the CCJ in place, the fact you are paying the judgement order as required does not affect the default status of the account, the default was not placed after the date of the CCJ, and is as said just updates so the original default date applies for the 6 year period.

[TheDude1]

Hi

Thanks for the help

 

Yes, that does make sense now, thanks!

[BRIGADIER2JCS]

Hi

Thanks for the help

 

Yes, that does make sense now, thanks!

 

Your'e welcome!