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CCJ kays GPB stating they are applying for a warrant of execution


MCBIRNIE25
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All,

had a letter from geoffrey Parker Bourne solicitors stating they are applying for a warrant of execution due to missing payment on a ccj for Kays catalogue.

I wish to dispute this. Can I get some advice on the process to take now that it is at the CCJ stage.

 

Thanks in advance.

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You say it is "at the CCJ stage", do you mean by that they already have a CCJ, or are they applying for one ?

 

If you already have a CCJ against you, you should have done the CCA letter before it got to court. I would still go ahead and demand it though, then when they fail to provide the details, and they almost certainly can't, apply to have the judgement set-asside on the grounds that you have "ONLY RECENTLY DISCOVERED" that there is no documentary evidence that you ever entered into a credit agreement with Kays.

 

If they get a warrant of excecution it means they will send the baillifs in, just stick to the normal advice on this forum and DO NOT UNDER ANY CIRCUMSTANCES LET THEM IN, then there's nothing they can do but eventually hand it back to the court, you will still be liable for all the costs though, unless you manage to get the judgement set-asside.

 

Once you get it set-asside, you're back to square one, and the failure to produce the CCA agreement means they cannot persue you for the debt in court again until such time as they do produce it.

 

You might even be able to claim your previous payments back, but that depends on how much neck you have :D

Nil Illigitimus Carborundum

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Thanks for that. Appreciated.

 

I already have a long standing CCJ, but going through my files I can't find any paperwork at all relating to this account.

I will send the CCA to GPB anyway, thanks for that.

I have more neck than most people I know, one of the best thigns about being a born and bred scouser ;-)

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