How Late?

[DARLOPONTY1]

Hi all

 

A member of our family has been having problems with their finances

+ I have been approached by them 'cos I mentioned my current attempt to persue NW re bank charges.

 

The situation is that @ £5000 has been passed by a credit card company to a DCA. Who then obtained a CCJ for the debt in march. (The family member has basically just ignored the debt) But now the DCA are applying to the courts for a charging order to be placed on the property. The hearing being in August. Is now to late to query the legitamacy of the debt owed or request CCA etc?

[gizmo111]

Basically yes it is too late to challenge the CCJ.

A CCA reques will be of no use as the debt has already been enforced.

Best thing would be to see how much of the debt is charges, and start the reclaim process to reduce the amount of the CCJ.

[DARLOPONTY1]

Thanks gizmo thought so

 

Will sort out SAR ASAP.

 

I suspect high proportion of balance to be charges.

[tooth_fairy]

It may be too late to challenge the debt, but your relative could apply to have the judgement side aside, however they would have to convince the judge of the following:

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

This I found on Removal of CCJ's - Valid reasons to have your judgements set aside

 

It would be too late to go down the CCA route, they would probably have to have produced it in court for the judge.

 

They charging order process may be adjourned if your relative wishes to go to set aisde, although if it has got the the stage of a charging order, I believe a judge may not accept a set aside request, they use their discretion about how long after the CCJ is issued as to whether to allow a set aside appeal.

 

I would suggest your relative gets to their local county court and seeks out the relavent forms. Otherwise your relative may be asked to attend for an oral examination of their means, if they do not attend this on 2 occassions, there is a threat of imprisonment.

 

It may be worth seeing if your relative is in a position to seek legal aid too.

 

TF x

[DARLOPONTY1]

Thanks everyone for the advice.

 

will keep you posted...