unenforceable debt?

[bettyb]

greetings... I have been disputing a credit card debt for 18 months, have requested proof of claim and documents, but the debt buyers ignored me and went straight to court. The usual.
Now their inhouse lawyer has issued a demand via a sheriff (way more than the default amount too which they ignored a request to provide me with a breakdown for)

Some background, I sent a Request for Information to the original lender, and they sent me everything really - the default notices, assignment, statements, no official agreement just a autofill form completed online and a general brochure off terms and conditions of the credit card, that they call the agreement.

The downside to making that request is that they sent all this to the debt buyer (after they started their claim!).

Anyway, there is an interesting note in the documents that suggests my debt was written off. Was wondering if this was a basis for defence if it indeed what I think it is?

[pt2537]

greetings... I have been disputing a credit card debt for 18 months, have requested proof of claim and documents, but the debt buyers ignored me and went straight to court. The usual.
Now their inhouse lawyer has issued a demand via a sheriff (way more than the default amount too which they ignored a request to provide me with a breakdown for)

Some background, I sent a Request for Information to the original lender, and they sent me everything really - the default notices, assignment, statements, no official agreement just a autofill form completed online and a general brochure off terms and conditions of the credit card, that they call the agreement.

The downside to making that request is that they sent all this to the debt buyer (after they started their claim!).

Anyway, there is an interesting note in the documents that suggests my debt was written off. Was wondering if this was a basis for defence if it indeed what I think it is?

Hi there

if they have a ccj ( County Court Judgment) then the debt is enforceable not under the contract but under the judgment. The fact that a debt is unenforceable is irrelevant once a judgment is entered. There is a body of case law on this too sadly.

So the first question is, do they have a Judgment against you?

[bettyb]

oh dear. thanks PT2537. Yes I have a CCJ i'm in the process of getting set aside (imminent hearing) as they got a default judgment without serving me anything.

If the Judgment is set aside though, will that mean I can head down the path that the debt was written off and sold on incorrectly, and subpoena the proof from the original creditor (who isn't cooperating, which casts even more suspicion). ?