IND backdoor CCJ for Lloyds debt - they got an AEO - but now cant comply with a cca request - is the AEO legal ?

[SB2009]

Hopefully this is on the right board. Any advice or thoughts appreciated.

 

A long story behind this but to keep it as brief and to the point as possible, the issue is this.

 

My business closed in 2007 with lots of debt (sole trader - lesson learned).

I did not go bankrupt as I was served with several statutory demands (took debt advice was told to wait for one of them to bankrupt you)

 

no one carried through with it so got through the 6 years apart from the below which is still hanging over me.(all another story)

 

One of the Credit card debts Lloyds Bank about 11K

did the rounds with debt purchasing companies

in 2012 was brought by one of the Companies who shall remain nameless at this stage.

 

They took out a CCJ against me at Northampton CC bulk clearing

- with interest fees and costs this came to Circa 15K.

 

I am not sure if they could roll up interest and costs once the debt defaulted with the original lender, but as I was not aware of this to contest it

the CCJ was rubber stamped in the bulk centre.

 

I did not receive this summons (moved several times after 2007) so was not aware of the CCJ until I received a form to fill in for an attachment of earnings from the local court. Which I was obliged to do.

 

Since 2012 I have had 20 pounds per week deducted at source from my earnings and this is paid to the debt purchasing company. The outstanding debt now is in the 8k region.

 

Earlier this year I saw on here that Credit card agreements prior to 2007 had to have certain things on them to be legally enforceable. As my original agreement with Lloyds was prior to 2007 I thought it may be worth looking in to.

 

Last February I wrote to the debt purchasing company (enclosing a pound) requesting a copy of the original credit card agreement.

(As as they took me to court I presumed they would have this to prove they legally owned the debt).

 

They wrote back to me and said they would contact Lloyds Bank and I would have this within 6 - 8 weeks. Nothing received by May

 

Via email I chased this and the reply was they will do their best to obtain the agreement from Lloyds bank but as they held a CCJ they were under no obligation to let me have the agreement

- I don't think that is strictly true but have it in writing (email) from them.

 

My thought is that if they have never held the credit card agreement (which may not be legal) or have not produced it do I have grounds to request the CCJ be set aside and the money paid to them to be refunded with interest.

 

Is it down to me to contact Lloyds bank to obtain a copy of the original agreement to make sure the wording is legal or should the debt purchasing company produce it ?

 

If the wording of the agreement is correct then I don't think I have an argument. However I should be able to see this to check that it is legal.

 

The other issue here is rolling and adding up the interest and costs to the debt correct after it was defaulted by the original lender ?

 

Thanks

Edited July 17, 2018 by dx100uk
Spacing

[BazzaS]

CCJ that you started paying in 2012?.

 

Since any application for set aside must be made “promptly”, expect them to say:

a) you must have known about the CCJ in 2012 even if you didn’t know about it before

b) your application wasn’t made “promptly” and should be refused.

[SB2009]

Hi thanks for the reply but it was only earlier this year that I was aware that the agreements prior to 2007 may not be lawful.

 

I am firstly trying to obtain a copy of the original agreement to see if it was legal. If it is legal then that's the ends of it.

 

If if it is not can I then consider applying to the court to have it set aside as the original CCJ was made against a non legal agreement even though it was made 6 years ago.

 

If the agreement cannot be produced should they have been able to obtain a CCJ. It is only since February 2018 that this has come to light.

[BazzaS]

Good luck with that argument!

You might strike lucky with the “judicial lottery”, but I’d expect them to:

a) oppose the strike out

b) succeed in an application to have the strike out refused

c) seek costs for dealing with the application.

[dx100uk]

No chance sadly

The ccj trumps the need for any need for any paperwork...enforceable or not.

 

The ship sailed when you moved and didnt inform your creditors

 

Who was the dca?

[dx100uk]

Retitled and moved to legals

[SB2009]

Ok thanks DCA is IND

[AndyOrch]

Thread title amended.

[dx100uk]

Ah IND

Terrible lot!!

They pull every trick in the book

 

Almost guarantee d they did something wrong

But now is too late to overturn it

 

Doubt youll even get a copy of the ccj now to check any figures

 

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