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Does CCJ enforce a debt with no COA

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  • #16
    Re: Does CCJ enforce a debt with no COA

    right, an update on this matter. Following our follow-up request for a copy of the agreement, the solicitors dealing with the original case sent the following letter.

    Further to your telephone conversation with this office on 1st December 2009, we write to inform you that our client is unfortunately unable to locate a signed copy of the agreement, however, they have confirmed that they would not have arranged for the computer to be delivered to you, unless you had signed an agreement with them. We enclose a copy of our client's terms and conditions, which have formed a part of the agreement.

    We confirm that the amount outstanding to our client ia currently £x,xxx. Since this matter has been referred to the high court enforcement officers, please contact them on xxxx xxxxxxx, quoting reference number xxxxxx, in order to arrange repayment of this debt.


    Soooo a few things I would like to point out.....

    1) admitting to NO agreement
    2) NO delivery note
    3) No delivery of computer without a signed agreement..... mmm try talking to Next catalogue.
    4) She is already paying debt under a court order (CCJ)

    I should send a very stern letter of disapproval to the courts, allowing a CCJ to be issued without an agreement or anything else for that matter...


    Where would anyone suggest we go from here. Please because it's situations like this that make a mockery of our courts and the law they are supposed to uphold, as well as protecting consumers.

    Many thanks

    :w_nikolaus_187:

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    • #17
      Re: Does CCJ enforce a debt with no COA

      Phoenix, i don't really see where you can go from here, check out kafka's Post 15 above though.
      Is no longer here

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      • #18
        Re: Does CCJ enforce a debt with no COA

        Originally posted by WendyB View Post
        Phoenix, i don't really see where you can go from here, check out kafka's Post 15 above though.
        thanks wendyB

        mmmmm I am not admitting defeat just yet though. I don't like doing that.

        Maybe I should SAR them and get ALL the info and correspondence from them including the so called DVLA search (lets see which address they had on file at the time), the judgement and any other information I can think of.

        I do understand that she should of defended at the time but the situation that she was in at the time didn't allow her to do that.

        I don't like letting things go

        Comment


        • #19
          Re: Does CCJ enforce a debt with no COA

          Originally posted by thephoenix View Post
          I should send a very stern letter of disapproval to the courts, allowing a CCJ to be issued without an agreement or anything else for that matter...
          Why would you do this? The court have done all they could reasonably be expected to do with the information presented at the time. How is the court supposed to know your friend had serious problems at the time if she did not say so?

          I believe, as I pointed out in post #8 that you are flogging a dead horse.

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          • #20
            Re: Does CCJ enforce a debt with no COA

            It was sarcasm :santawalk:

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