can an old debt get a CCJ?

[nemesis45]

Re: can an old debt get a CCJ?

has anyone had a court date to set aside a judgement? Would like to know what to expect, would be grateful thanks.

You will need to have a viable defence to show the court.
And viable reasons why you believe the court should allow your application.

[FlamingParrot]

Re: can an old debt get a CCJ?

has anyone had a court date to set aside a judgement? Would like to know what to expect, would be grateful thanks.

This thread should give you an idea: http://www.legalbeagles.info/forums/...uest-set-aside

[Caroll54]

Re: can an old debt get a CCJ?

Amethyst has been kind enough to help me get my defence set up, and will post it up for me to print off and take to court.


thanks amethyst

[Caroll54]

Re: can an old debt get a CCJ?

Thanks flaming parrot for that link, as I posted just a few moments ago, on my later post amethyst did reply to me, and has been kind enough to help me with my defence so I have it to take to court with me. Thanks for your reply

[Caroll54]

Re: can an old debt get a CCJ?

I have used some of the bits from the link, namely the part where I was not informed that a ccj had been place, I only found out when I got my 3 monthly noddle report, the ccj had been granted August, but I never found put until October from noddle
also that I did request credit agreement, but never recieved anything.
rhanks to everyone who has helped me .

[Caroll54]

Re: can an old debt get a CCJ?

Also I think not being informed that a ccj was put on record , that is my part for getting it set aside, also I requested CCA which I never got, so is there anything else I need, I believe amethyst did say something about the actual agreement? But I have no agreement, I can only go by what Mortimer Clarke sent???

[FlamingParrot]

Re: can an old debt get a CCJ?

Also I think not being informed that a ccj was put on record , that is my part for getting it set aside, also I requested CCA which I never got, so is there anything else I need, I believe amethyst did say something about the actual agreement? But I have no agreement, I can only go by what Mortimer Clarke sent???

So your case is fairly similar to the Capquest one, i.e. not received a response to your CCA request and not received the court papers, in which case you should expect a similar outcome. :thumb:

The argument is not so much that a CCJ was put on record but that it was obtained by default in the first place, without you having received the claim so you could defend it.

[Caroll54]

Re: can an old debt get a CCJ?

I do hope so, but if you remember I did say I recieved letters from them, but the last time I went court was for a domestic dispute, and the court papers I got were signed for have a real court stamp, so whe I looked at them they were nothing like I had seen, so I ignored them

[Caroll54]

Re: can an old debt get a CCJ?

Please don't say this will go against me? Thank you for your reply, and to everone else who have been kind enough to reply

[Caroll54]

Re: can an old debt get a CCJ?

If asked at hearing, I will tell them what I told you
but yes apart from that it is the same

[Caroll54]

Re: can an old debt get a CCJ?

May I ask? If I have the ccj part more or less sorted, what other defence will I need? Is it to do with the agreement? I will print out the part I have already written, about ccj

[FlamingParrot]

Re: can an old debt get a CCJ?

May I ask? If I have the ccj part more or less sorted, what other defence will I need? Is it to do with the agreement? I will print out the part I have already written, about ccj

Yes, you'd need to show the court you have a viable defence, i.e. a reason to dispute the account, for example, if you send a CCA request and they never responded, or they sent something non-compliant. Any other reasons such as a defective or non-existent default notice, lack of notice of assignment, etc.

[FlamingParrot]

Re: can an old debt get a CCJ?

I do hope so, but if you remember I did say I recieved letters from them, but the last time I went court was for a domestic dispute, and the court papers I got were signed for have a real court stamp, so whe I looked at them they were nothing like I had seen, so I ignored them

If that was the claim issued for this CCJ, that may potentially change things somewhat. :ohwell:

[Caroll54]

Re: can an old debt get a CCJ?

Thanks for your reply, yes I do believe that as I did not respond to letters I was sent, they got the ccj by default? So I have no case, but I must say, surely I needed to be informed , as I never knew I had a ccj on my credit file? It took 3 months before my I found out via credit report.

[Caroll54]

Re: can an old debt get a CCJ?

Well I have paid the money, I have a court date, so I will have no choice but to go, but at least I know the outcome, as I have the ccj part, will I still need agreement side?? Or any other information for them? Or does it really matter now????
Thanks for everyone who has taken time to help me.