Help! Received CCJudgement by default dated 23/12 - today!

[nemesis45]

Re: Help! Received CCJudgement by default dated 23/12 - today!

IE is it all futile...

Good afternoon responding to tag by [MENTION=49370]Kati[/MENTION].

Sorry I could not respond earlier.

Once a judgement has been made, it supersedes the original agreement and there is n longer
any obligation for the claimant to provide one.

You say that you made an earlier CCA request was that to the original creditor or a DCA?

Setting the judgement aside: Points that we have to be addressed.

Not receiving the original claim is a ground for so doing. BUT
You would need also to show that you had a defence to the original
claim that has a reasonable chance of success, do have anything that
could be used?

All is not lost until we've exhausted all possibilities.

nem

[ninja33]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Thanks Nemesis. Just feeling pretty low regarding all this, really appreciate yours and all the guys above's help.

What are the grounds for a successful "Set Aside"? All I have is that A I never received the original Claim Form in time to defend it and B I have no visibility of any enforceability the DCA has regarding this debt. Is that not string enough? Hence my question on what are the successful grounds, as maybe I don't know that I have one...

The CCA was to the original creditor 2 years ago.

[Debt Camel]

Re: Help! Received CCJudgement by default dated 23/12 - today!

The CCA was to the original creditor 2 years ago.

Who was the original creditor?
Is it likely that you could owe £18k on a credit card to them?

Most people would remember a debt of that size, even if the reference number looks odd.

The reason I am asking is if you say "it's Lloyds and I don't think I ever had a credit card from them" or "it's Lloyds but I think the balance on my credit card in 2013 was only £4,000" then these are points that should be made on your set aside application.

Your other debts, how large were they? The fact they never responded to CCA requests doesn't mean a lot really. When they round to wanting to sure you, they will have a good look for the documents then.

What is your current financial situation? Are you unable to make any debt repayments at all? Do you have a house with equity? Do you have any priority debts - rent/mortgage areas, council tax debts etc?

[nemesis45]

Re: Help! Received CCJudgement by default dated 23/12 - today!

Who was the original creditor?
Is it likely that you could owe £18k on a credit card to them?

*******Most people would remember a debt of that size, even if the reference number looks odd. ********

The reason I am asking is if you say "it's Lloyds and I don't think I ever had a credit card from them" or "it's Lloyds but I think the balance on my credit card in 2013 was only £4,000" then these are points that should be made on your set aside application.

Your other debts, how large were they? The fact they never responded to CCA requests doesn't mean a lot really. When they round to wanting to sure you, they will have a good look for the documents then.

What is your current financial situation? Are you unable to make any debt repayments at all? Do you have a house with equity? Do you have any priority debts - rent/mortgage areas, council tax debts etc?

******The Account Number is not the real one, just a sequence of number i.e. 1 2 3 4 5 6 7 9 etc.******

nem