Nationwide CCA Court Hearing v Jax

[Ihaterbs]

Re: Nationwide CCA Court Hearing v Jax

I believe the Tribunal, courts and enforcement Act 2007 allows a creditor to to enforce a judgment even though there's been no late payments,

[pt2537]

Re: Nationwide CCA Court Hearing v Jax

I believe the Tribunal, courts and enforcement Act 2007 allows a creditor to to enforce a judgment even though there's been no late payments,

nope that provision wasnt enacted

[Ihaterbs]

Re: Nationwide CCA Court Hearing v Jax

nope that provision wasnt enacted

Thanks for this PT. A creditor on another thread is trying to obtain a CO by relying on this phantom provision.....naughty naughty!

[pt2537]

Re: Nationwide CCA Court Hearing v Jax

Thanks for this PT. A creditor on another thread is trying to obtain a CO by relying on this phantom provision.....naughty naughty!

if an installment order is in place then they cannot enforce the judgment without breach of the installments first

seems they are breaching the rules if they are a solicitor as you should not mislead or abuse your position by making people believe things which arent true

[New_Age_Biker]

Re: Nationwide CCA Court Hearing v Jax

seems they are breaching the rules if they are a solicitor as you should not mislead or abuse your position by making people believe things which arent true

What rules are these Paul? Your comment could be quite helpful to me

[pt2537]

Re: Nationwide CCA Court Hearing v Jax

What rules are these Paul? Your comment could be quite helpful to me

SRA code of conduct

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Sorry - not been around for last month(ish).

I have had a letter from NW solicitor saying they are the ones to post CCJ on CRF but from what she has said, it looks as though it's not been done yet.

She says that she will await outcome of my 'set aside' which I haven't actually applied for, although I have written to the court something along these lines.

I've not heard anything back from Court - would I be right in thinking I won't get a reply unless it's actually done on a Court form with the correct payment?

Any advice here would be appreciated.

Thanks

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Are there any legal repercussions if you apply to have judgment set aside and it's not granted?

[Ihaterbs]

Re: Nationwide CCA Court Hearing v Jax

Are there any legal repercussions if you apply to have judgment set aside and it's not granted?

Application to Set aside must be made promptly. If the other side oppose the setaside and win they will seek their costs which may be in the thousands.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

I'm not sure they will - agreement has been negotiated and the other side agrees it should not have gone to Court - they should have cancelled hearing but didn't, therefore I was not aware it was going ahead!

Does the Court have to liaise with the other side then when considering the set aside application??