Ccj

[Gavin]

Hi
Bryan carter solicitors have registered a ccj against me for a current account debt they say I had over 5 years ago with lloyds tsb. I wrote to them with a cpr31.14 requesting my
- statement of accounts
- contract
- default notice
- final demand
- assignment


they wrote back to me five weeks later with only my statement of accounts. When I phoned them to see where the other information was, the replied " as they have already gained a ccj against me they had no obligation to send me the other information (contract).


i then spoke to the county court who told me I can pay £150 and try to have the judgement overturned, but there is no guarantee.

Any ideas what I should do next? Is Bryan carter right in saying that they do not have to supply my contract?

[stevemLS]

Re: Ccj

Essentially, yes, CPR31 is to be used before a judgment has been obtained, it has no application afterwards.

Did you not get notice of the claim? Have you moved and not informed you?

Do you admit the debt?

As far as I know, the only thing you can do is apply to set aside the judgment, which as your court has told you carries a £150 fee. To be successful you have to show that there is "good reason" to do so or that you have a "real prospect of successfully defending the claim". Have a look at CPR Part 13.

[Gavin]

Re: Ccj

Hi, thank you for your quick reply.
i have been receiving letters and not opening them, Iv been burying my head in the sand for a long time- stupid I know,...... although the debt (statement of accounts) does relate to an old address.

I have not admitted the debt in anyway. The statement of accounts which Bryan carter sent shows unauthorised overdraft charges starting at 04/03/2009 and ending at 16/09/2009.

I have just looked at cpr 12 and 13, but I am still unsure about what to do.

now it has gone this far (through the court) does the original contract agreement not matter (I.e potential lack of signature etc...)?

[nemesis45]

Re: Ccj

The original agreement has been superceded by the CCJ so Carter is under no obligation to supply any further documentation.
You will need a viable defence if you try to get this set aside.

[stevemLS]

Re: Ccj

To be frank, I don't think not opening letters would be considered by the court to be good reason to have the judgment set aside - unless, perhaps, you have powerful evidence that you were suffering from ill health to the extent that it would have been unreasonable to expect you to deal with it and even then, i think you would face an uphill battle - what do others think?

This really isn't intended to be judgmental, lots of us have been there, it is just the reality.

When was the claim issued and when was the judgment made?

[monk_fish_]

Re: Ccj

Get your SAR requests in to both the Original lender and Carter. They have a legal obligation to provide all information held.

10 pounds each and you will find out if you have any grounds for dispute.

IT can take up to 40 days for a response.

If you apply for a Set Aside , you will need to show you have a defense (like an invalid default notice, or unenforceable agreement) and you will need to show you had reasonable grounds for a delayed application.
I think Set Aside applictations should be made within 14 days of the Judgment unless there are good grounds for delay. (like being overseas for example)

If you think you may have a case...you will need your Agreement and or Default notices. Now the CCJ has been awarded that will be the only way to get hold of the information which may help you.

I am going through the same process, but I believe my original agreement is un-enforceable and potentially no default notice was issued.

Good luck.

[nemesis45]

Re: Ccj

NO point in sending a SAR to Carter waste of £10!!

Carter will only have the little data passed to him by his client.
SAR to the Original Creditor is OK but there is actually no obligation for the agreement to be supplied with the SAR.

[Gavin]

Re: Ccj

Thanks guys for all your help. I will send a sar to lloyds bank (hopefully they will reply)
The actual judgement was made back in 9th may 2014 and a control order issued on 5th December 2014.
i am thinking of ringing Bryan carter tomorrow and setting up a payment plan now. It's a shame- as they could only send me my statements of accounts, which leads me believe that they cannot find the original contract.

[stevemLS]

Re: Ccj

Sorry Gavin to give more bad news, but that delay isn't your friend either in any set aside application, it is a factor to which the court must have regard.

It doesn't mean it's fatal, but it won't help.

Good luck, mate, whatever you decide to do.

[Gavin]

Re: Ccj

Cheers mate.
if I get the original contract and it is wrong in some way. I understand that the ccj might stay, but will I still have to pay Bryan carter the debt they bought from lloyds?

[stevemLS]

Re: Ccj

Yes, as it stands you will have to pay the CCJ.

If you can show that the original agreement was unenforceable for some reason, that will greatly boost your chances of having it set aside.