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Currently, in order to register a CCJ against someone, basically all a bank has to do is raise a claim and then wait. If the defendant defends at all (unlikely) the defence will often be incompetent and is likely to fail through lack of knowledge of the Laws etc by which they CAN defend themselves. Once they've waited the 14 days for an acknowledgment, the claimant files for Judgement in Default and hey presto, CCJ - REGARDLESS of whether they can prove that the debt was legitimate!

 

What if there was a small change in the Law, which required Claimants to submit a copy of the signed agreement, statement of account, legal deed of assignment etc with their claim, when it related to Consumer Credit? This would prove the veracity of the claim, and effectively prevent scurrilous DCAs from getting Judgements as a bullying tactic. I doubt a consumer making a claim would EVER be making one which required the production of this document; even Bank Charges claims do not directly relate to the provision of Credit and therefore would not require it. However, in EVERY CASE where a credit provider was making a claim to recover monies, it WOULD apply.

 

The change would be made (I think) in the Consumer Credit Act (and possibly the Civil Procedure Rules) and legally would be extremely simple from what I can tell. e.g.

 

Where a claim is made to the court which relates to monies owed under an Agreement regulated by the Consumer Credit Act 1974 (as amended) (The Act), the Claimant is to supply to the Court and to all parties thereunto within 14 days of the Claim being raised, the following documentation:

  • A properly executed Agreement regulated by The Act
  • A suitable Deed of Assignment if the pursuer is not the original Creditor
  • A full statement of Account showing all financial transactions on it between the account's inception and the date of the Claim

In the absence of such documentation being received the court may at its own discretion strike out the Claim.

Obviously this wording is not legally sound and would have to be reviewed but this could REALLY make a difference...

 

Could we campaign for it?

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  • 2 weeks later...

Hi Tom :)

Forgive my ignorance here (but at least your thread will get a little bump)

.What if the banks just send in the debt company bailiffs? Do they need to obtain a CCJ to do so? Wouldn't they be very wary of taking it to court in case the claimant did defend?

 

Kim x

:rolleyes:
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