Improperly executed agreement? Have I a chance at getting a CCJ set aside?

[Emilou16]

Hi,

Would anybody be able to take a look at this credit agreement and let me know if it would be deemed improperly executed. Many thanks.

[nemesis45]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Hi,

Would anybody be able to take a look at this credit agreement and let me know if it would be deemed improperly executed. Many thanks.

Please post a copy of the agreement after removing personal identifiers.

Please give us some details on the debt/ agreement.

nem

[des8]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Be useful if you attached a suitably redacted copy!

[mystery1]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

You are unlikely to get it set aside so you can argue enforceability. You may get it set aside if, for example, you were not served with court papers.

Set asides must be done quickly too.

M1

[Emilou16]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Sorry! Thought I had posted it. I'm having problems getting with it. It was back in August. The companies (Restons and Cabot) never complied with CCA request. Have just (by chance) come across the credit agreement.

[nemesis45]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

The CCJ supersedes the original agreement entirely, the unenforceability was a matter to have been raised when the claim was issued.

So some history please!

nem

[Emilou16]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Hello,

It was a NWS Bank of Scotland 'Preference Account'. We have never been able to establish what sort of account it actually was. It was with a car finance agreement. We were sent a switch card and cheque book, but had not facility to use the account as a bank account (we couldn't pay into it and were sent a monthly bill with minimum payment.)

It defaulted in around 2008, with a balance of 8k. Have been paying it off (to be fair, very slowly since.) I'm not wanting to avoid the debt, I have issues surrounding the balance. Court papers arrived, (husband a bit clueless) so sent of a cca request. Never any reply. Judgement awarded Aug 2015. We have only just found this in a box of paperwork. Paying monthly amount towards it.

[nemesis45]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Sorry! Thought I had posted it. I'm having problems getting with it. It was back in August. The companies (Restons and Cabot) never complied with CCA request. Have just (by chance) come across the credit agreement.

What makes you believe the agreement was " not properly executed"?
nem

[mystery1]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

99.9% you won't get that set aside.

You knew (or should have as you got the paperwork) and it's been ages since then.

M1

[Emilou16]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Bugger. Thanks anyway!

[nemesis45]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

Have to agree with M1, no chance!

nem

[charitynjw]

Re: Improperly executed agreement? Have I a chance at getting a CCJ set aside?

On the 'Conditions of Use' page, bottom RHS, is something about 'insurance'.

Unfortunately, it is obscured.

Could it be PPI?