How to Successfully Appeal a CCJ

[Buddfox]

I was taken to Court for a Business Overdraft Debt approx GBP 20,000. It had been sold to a DCA and they took me to Court. I asked them to provide proof of ownership of the Debt prior to the Court Proceedings but they declined to do so.

I submitted my Defence and they did not reply within the 28 days, I waited a week after then submitted an Unless Order for the proof they had ownership of the debt.

The failed to provide the evidence on time but responded days after the Unless Order by applying to reinstate the claim and have a Summary Judgement. They provided some details but these were very generic, i.e T&C that were 13 years after the alleged Overdraft had been given, a generic Deed of Assignment that did not contain my name. The only evidence that connected me, the OC and them was the freshly printed "Default Notice" from them, where while it was addressed to me they had spelled my name wrong.

Nevertheless, they managed to have the Judge overturn the Unless Order sanction and secure the Summary Judgement, the Judge said it all hung on the "Default Notice" when I pointed out that they could have easily just made it up as they even spelt my name wrong and I had no recollection of receiving a Default Notice from them at the date they put on the letter, the Judge said that would be accusing the DCA of fraud.

What defence would be the appropriate as for the life of me I cannot understand why the Judge struck out the Unless Order?

I would appreciate your considered reply.

Also when appealing am I obligated to make payment by the date of the CCJ or to hold fire until the Appeal final judgement of the Appeal ?

[pt2537]

I was taken to Court for a Business Overdraft Debt approx GBP 20,000. It had been sold to a DCA and they took me to Court. I asked them to provide proof of ownership of the Debt prior to the Court Proceedings but they declined to do so.

I submitted my Defence and they did not reply within the 28 days, I waited a week after then submitted an Unless Order for the proof they had ownership of the debt.

The failed to provide the evidence on time but responded days after the Unless Order by applying to reinstate the claim and have a Summary Judgement. They provided some details but these were very generic, i.e T&C that were 13 years after the alleged Overdraft had been given, a generic Deed of Assignment that did not contain my name. The only evidence that connected me, the OC and them was the freshly printed "Default Notice" from them, where while it was addressed to me they had spelled my name wrong.

Nevertheless, they managed to have the Judge overturn the Unless Order sanction and secure the Summary Judgement, the Judge said it all hung on the "Default Notice" when I pointed out that they could have easily just made it up as they even spelt my name wrong and I had no recollection of receiving a Default Notice from them at the date they put on the letter, the Judge said that would be accusing the DCA of fraud.

What defence would be the appropriate as for the life of me I cannot understand why the Judge struck out the Unless Order?

I would appreciate your considered reply.

Also when appealing am I obligated to make payment by the date of the CCJ or to hold fire until the Appeal final judgement of the Appeal ?

how much of the debt was made up of charges?

[Buddfox]

The Charges were added on which were about GBP 1,500.

Oh yes, I forgot to mention that having represented myself while I provided a skeleton argument against the application to reinstate I did not file a written defence, ( I was a bit confused) the Judge did not allow me to submit a defence only asked in the Hearing what did I have to say for myself?

It seemed they were in a rush - the Claim would have been statute barred 5 weeks later.

In fact I have found out that the case was statute barred at the time the Unless Order was in place! So i shall put this as a part of my defense in the appeal.

[warwick65]

Once a claim is issued the limitations clock stops - would that have made a difference to it being SB

Did you ever send a SAR to the original creditor which may show something about the DN

[Buddfox]

Once a claim is issued the limitations clock stops - would that have made a difference to it being SB

Did you ever send a SAR to the original creditor which may show something about the DN

The claim was struck out last year then three weeks after the 6 year anniversary of the debt occurred. I shall write to the OC for any details they have regarding a DN.

Thank you for your comments and suggestions.