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Mortimers

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  • Mortimers

    I'll try this again as i got no help from no one regarding my query. I had a debt from 2006 and it was terminated in 2009, for finance on a sofa, i lost my job and they took action via a ccj on the 20-05-2008 so this debt has not been paid and is still outstanding. I have requested a copy of my credit agreement but they are saying that because judgement has been granted in this matter that the client is no longer obliged to provide documents related to this matter and the debt is no longer payable under the terms of the original agreement and is now due under virtue of a ccj being obtained. I havent acknowledged the debt nor have i made any payments since i took it out. So my question is can they apply for for a ccj to be obtained a second time round for the same debt. Any info would be greatly appreciated thanks Neil.
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  • #2
    Sorry you don't feel you got any help - there do seem to be some questions on your thread https://legalbeagles.info/forums/for...2954-mortimers unless this is a different issue as you said there was no CCJ in place
    No they haven't filed a case against me, no ccjs,
    and another thread which also has replies - https://legalbeagles.info/forums/for.../1432944-hello
    so not really sure what you mean ??

    If there is a CCJ in place then no, there is no requirement for the judgment holder to evidence the debt at all, all they need is the judgment.

    They can't apply for a second CCJ if they already have one though, they'd just have to apply to court for permission enforce the judgment they already have ( and explain why they haven't enforced the judgment for over 10 years )


    Also this doesn't make a massive amount of sense
    it was terminated in 2009, for finance on a sofa, i lost my job and they took action via a ccj on the 20-05-2008

    They can't have taken court action unless the agreement had defaulted or terminated... so the CCJ should be dated AFTER the termination date.
    #staysafestayhome

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    • #3
      Is there anyway of chatting to someone via email or something please

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      • #4
        This is a public forum, so all responses would be made public. If you want to speak to someone privately then I would suggest that you look for some independent legal advice where confidential discussions about your case can be discussed.

        Amethyst has given you an answer to your response which is correct, and whilst they don't have to supply you with the agreement under the CCA, you can of course make a subject access request which they are legally obligated to do and that would include the credit agreement.

        It would also be helpful to clarify how they applied for a CCJ in 2009 yet they terminated the agreement in 2009, doesn't make sense.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Rob:- is correct!

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