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TheDude1

What happens now... No CCA with CCJ

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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

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

 

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

  • Haha 1

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

 

dx


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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.

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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.

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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.


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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

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

 

JOgs

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