Debt of 8 years old and have just had a CCJ put on my file.

[R0b]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Yes I did read your letters, I didn't read the first sentence of the first letter, sorry!

Consumer credit agreements are a regulated activity under the FSMA 2000 (CCA activties were transferred in 2014). A regulated activity requires authorisation from the FCA, or a licence if you wish to call it that. Applications are lengthy and can take over 6 months before approval therefore alot of businesses are not proceeding to apply for authorisation as it is alot more onerous and some may not be able to comply with the requirements.

s.23 FSMA is an criminal offence to carry out a regulated activity without authorisation. They would also be in breach of s.24 by making false claims if they said to you that they were authorised to carry out such regulated activities. For both offences, there does not need to be intention.

So you will need to point it out to the court that this is the case.. It will have to be worded carefully and evidence to show this is the case which shouldnt be too difficult. Wright Hassall could also be in breach of conducting regulated activities which will have an impact on them also.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks for that. Will it be that easy though to get this thrown out ????

Will have to let them know of my intensions soon though.

[R0b]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I have briefly skimmed through the thread here but where are you up to on the setting aside of the judgment? has your solicitor only indicated that you intend to set aside and no application has been made yet?
They are in breach of their obligations and acting without authorisaton which I would say is a serious offence. There could be a good chance it was thrown out, plus no paperwork yet? so no grounds to rely upon the matter. So there are a few defences available and you only have to show that you had at least reasonable grounds of defence - it is difficult to say 100% that it will get set aside but a good chance at least I would say.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

This is an email the solicitor sent me yesterday

" Dear John

Please find the attached letters received in this matter for you information. If you have any comments in response to the content please do not hesitate contact me. For clarification they are willing to set the judgment aside if you agree to pay the discounted sum of £8181.33 at an affordable rate of instalments.

As yet I have yet to hear from the Court and will contact you as soon as I do. "

[R0b]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So it sounds like you have sent the application form already? Have you paid £155 fee for the setting aside of the application? I'm still confused as to whether you have or you haven't.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

To be honest after yesterdays discussion with him, I am clueless.

- - - Updated - - -

yes, I did pay the 155 pounds for setting it aside

[R0b]

Re: Debt of 8 years old and have just had a CCJ put on my file.

What were the grounds for setting aside the judgment? If it's already Been sent and you wish to amend your application it's going to cost you some more money to do so if you haven't included the above.

You could write to WH and suggest to them what your grounds for setting aside are they may discontinue in that basis though

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Is that an offer to agree to set aside the judgment on the basis that you make payments to the debt by installment ? That'd be pretty good if the debt wasn't barred by statute before they bought the claim. I'd stick to filing for a set aside on the basis the debt is long since statute barred and you didn't receive the documents.

Time is moving on so if you are going to apply to set it aside I would get that sorted asap. ( EDIT - ahh good you did already - sorry was reading back while writing so missed last couple posts)

Reading one of those letters from Cabot, did your solicitor assert that you had previously informed CABOT of your change of address ? ( and had you ? ) Is it your solicitor that bought IVA into the mix ? and said you couldn't set aside and defend on the statute barred basis ? Think it might be an idea to have a look at the application your solicitor actually put in to court.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I asked the solicitor to get it set aside on the basis of it being statute barred

- - - Updated - - -

And no i told the solicitor in no uncertain terms that i have had no contact with anyone since 2006

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Do you have a copy of your set aside application ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

No. But i think i should.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

This says to me that your solicitor has said to Wright Hassle, or put in the application, that you had informed Cabot of the change of address.



Along with his comments

He says that as it is my debt and I have not contacted Cabot in the past, this will be construed as trying to run from the debt by the constant moving that I have done in the last umpteenth years.

I think you need to take control back and work out exactly who's side he is on.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

No. But i think i should.

I think you should too. Get on to your solicitor tomorrow for a copy.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks to Rob and Amethyst. Phoned solicitor today and he is sending out the copy of the application to set aside. He did also read it out and it was well worded. At no point in the letter did it say that I tried to contact Cabot, and I pointed out what was written in the letter sent to him. He read it out to himself and the penny dropped I think. What Wright Hassle put in their letter was a lie pure and simple.

With your help guys, I am going to go it alone I think ??? This wording should have been picked up by them, and not saying to me that maybe I might have to pay Cabot a certain sum each month. I do not know if maybe my case is so small that they are not interested in it ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi all

Just got some duplicate forms to send out which were given to me by my former solicitor. It is a Notice of change of legal representative form, 4 in total. The question or two being is that apart from Cabot, Wright Hassle and the Colchester Court, who is the fourth duplicate for ?? And the second question is as Colchester Court is in the process of moving the possible hearing to Chesterfield Court, should I send the forms with the new information of what court is involved or just send it out now with Colchester County Court as is in the current form to Cabot and Wright Hassle ?


Many many thanks

John