CCJ Removal: Have you had any success?

[10,000,000]

Hi,

 

I've begun my action against the banks and credit companies to remove my defaults and I'm now attempting to remove my CCJ's after discovering this forum. I'm amazed by the wealth of good advice and experience offered here.

 

I was wandering if anyone here has used the reasons stated at this link to get their judgements removed:

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

I have 2 CCJ's that I have paid and settled and was about to get them registered as satisfied when I found the above web page. However, when I looked on the Court Service web site they said to only use the N422 form to get your judgement set aside if you dispute the original judgement, which in my case was made by default as I did not respond [i was living in denial of my debts], and have since paid it.

 

Has anyone had any success using this method of removing judgements and have I left it too late?

 

Your advice is much appreciated!

[kennythecelt]

bump!............

[payingonlyencouragesthem]

If you never acknowledged the court papers and didn't turn up in court you could have them set aside on the grounds that you were never served the paperwork. You are in a very strong position because if you have paid the creditors they are unlikely to go to the bother of challenging a set aside.

[10,000,000]

Thanks for your advice.

 

What does "bump" mean and why would someone post it?

[meg&mog]

hi 10,000

 

People put bump to get their thread to the top of the list in the hope someone with good advice is around to see it

 

hope that helps

 

[Josie8]

Thanks for your advice.

 

What does "bump" mean and why would someone post it?

bump is just someones way of putting your post in the new post section again where hopefully somebody who can help will see it.

[dodgster]

Hello,

I'm new to the site and have not posted before so hear goes...

I was employed by a local authority and had an assisted car purchase loan under their assisted car purchase scheme which was being paid via monthly deductions from salary.

When I left their employ I offered to continue making payment however I did not receive a response. To me this was not uncommon as this particular authority are noted for this.

Fast forward two years when I am attempting to change mortgages I am advised that I have a CCJ...this was news to me as I had not received any documentation in respect of it. I telephoned my previous employers who basically told me to naff off also advising if I wanted any info contact the court.

I discovered that they had issued through the Northampton County Court Bulk section (which I understand has a reputation for hamming up matters). To cut a long story short I then applied to have the judgment set aside on the grounds that I did not receive any docs. Unfortunately I could not attend the hearing (due to a job interview) and my application was thrown out in my absence.

From reading through the postings on the site I have discovered under S127(3) of the CCA 1974 the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.

I have now received back my SAR request and have discovered that not only was the actual agreement unsigned( I only signed the application form), it is not in the prescribed format at it stretches over 6 sides of A4 paper. They also chose to supply a "copy" the agreement (as they chose to destroy the original in Oct 2008) is this normal in ongoing litigation? The loan was taken out in November 2002.It also appears (from the documentation which they have sent) that the particulars of claim stated that the debt was in respect of salary/wages quoting an invoice number which leads me to believe that the agreement was not sent to court for issue.

my questions are;

1) do I have grounds to challenge the judgment on the back of the unsigned credit agreement or is there something which precludes local authority loans from having to adhere to the constraints of the CCA 1974?

2) Is the judgment itself flawed as the "agreement" (or invoice as far as I can see) was not included in the court papers as the local authority have not included it in my SAR request.

I would appreciate some help as this milestone around my neck is destroying my life.

many thanks,

Dodgster

[Spamalot]

Hi Dodgster,

 

I'd advise you to start a new thread in this forum and the advice will come flooding in.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Maybe title it with Help setting aside a CCJ Please or something like that.

You should be able to copy and paste your above post to save writing it again.

 

Good Luck,

 

Spam.