can i dispute a ccj

[sandrock]

Have been paying for a CCJ from Howard Cohen & Co payable to the lewis group on behalf of CL Finance Ltd (FORMALLY KWIK FIT CARD)!!

 

Agreed an amount of 10.00 per month through the court papers, balance at the time of the CCJ was 1000.00

 

Now through reading all the different threads etc I have looked further into the original debt which was only 389.00

 

now where can I go from here do I send a SAR to CL Finance or apply to the court ? could do with some help here.

[elizabeth1]

If CL Finance was where your card was originally from - yes send your SAR there - may be worthwhile asking for the Credit Card Agreement too (costs a pound).

 

By getting the SAR info from the original lenders you should be able to see exactly what charges were made on your account prior to the default/ccj - Odds are there may have been charges for late payments/over limit fees etc..

 

It might be an idea to send SAR/CCA to the DCA company if one was involved (did they have the correct data to actually process the debt?)

 

I am hoping someone else comes along with a little more experience than me to help you - this is just what I would do to begin with - I am thinking you'll be able to see where any charges came from?

[lookinforinfo]

With so many companies involved, it may be necessary to sar all of them to

get to the bottom of who charged what, and whether they were justified in

making any charges at all. Before you do that you need to find out who actually owns the debt so that you can send tham a CCA request for the original agreement.

Without it, the debt is unenforceable, and with so many companies involved it may be difficult to locate. Read Barracads "Sticky" on template letters on the first page of the Debtors and Bailiffs page relating to the CCA request and take it from there.

[gizmo111]

There is no point getting a CCA request to try and prove the debt unenforceable as a CCJ has alrerady been issued.

SAR the companies to establsih the charges and claim back in the normal way.

[sandrock]

thanks,

 

so basically I send out a SAR to all involved then, once I have all the info I can then apply to the Court for a reduction or an amendment to the balance using a N244 (or something simliar) ?

I have a similar ccj with all the same companies involved but through a Dorothy Perkins Store Card, Im Gonna be busy!! wish I had found this site before the ccj 's

[gizmo111]

No - when you have the SAR - claim the charges in the normal way - prelim - LBA etc - it is up to you if you reduce the debt unless the creditor insists on offset.

[gizmo111]

You can i nyour claim for charges ask for the CCJ to be set aside - but a little more tricky, although it has been done.

[elizabeth1]

If you have several accounts with the same company your SAR will cover more than one account - you just need to write the different account numbers on your SAR - so you'd still pay just 10 pounds - the SAR is asking for all the data the company you send it to has about your account/accounts

 

You need to spend time gather as much information as you can to see where these charges were applied etc.. - then you can plan your route to getting it back etc..

 

Good luck!!

[sandrock]

thanks, will keep you posted,

sending out 10 sar and 9 cca this weekend on top of these, this site has given me the kick i need rather than just paying out money monthly

[sandrock]

Looking further into this CCJ, whilst waiting for any reply...... can I write to the court requesting for all documents relating to this CCJ, i have a copy from Howard Cohen of the case file (one page) but there has been a quarter of the page cut out.

 

if so can it be done online?

[sandrock]

UPDATE...

 

recieved letter from cl finance after me sending out request for reclaim of charges with interest, they have agreed the full amount and interest!!!!!!!

 

come on!!!!!!!!!! yesssssssssss!!!! :lol: :lol:

 

thankyou everyone!!