Would it be best to go Bankrupt

peb

Except that once a CCJ has been obtained the 6 year rule is out of the window! Depends on whether the poster can pay that one back and then follow the CCA rule for hte rest.

Going bankrupt is a Big Deal and noone on here (or the Sub forum) will either advise you to do it. We will support your decision and point you in the direction of help but only you can make that decision.

muffin42

Thanks will try on bankruptcy board

RAS

Even a CCJ cannot be enforced if the CCA is not provided.

Muffin - did you attend the court case?

muffin42

Hi i was not informed of the court date.First i knew was when had first letter of Robertson and way.

RAS wrote: »

Even a CCJ cannot be enforced if the CCA is not provided.

Muffin - did you attend the court case?

muffin42

What is the CCA rule

peb wrote: »

Except that once a CCJ has been obtained the 6 year rule is out of the window! Depends on whether the poster can pay that one back and then follow the CCA rule for hte rest.

Going bankrupt is a Big Deal and noone on here (or the Sub forum) will either advise you to do it. We will support your decision and point you in the direction of help but only you can make that decision.

RAS

muffin

can you please type out what was written in the letter from Robinson Way - exactly.

muffin42

Will do late on

RAS

If this debt is for a credit card, loan or catalogue it is covered by the Consumer Credit Agreement.

GIven when this debt arose, the DCa collecting the debt has to be able to produce the signed Consumer Credit Agreement which must co0mlpy with certain rukles before they can enforce a debt.

Now if you did not demand this before the court case and did not go to court, the judge had no way of knowing whether the creditor has the documentation or not. he can only judge your case on the basis of the defence you offered.

But we have had at least one very old CCJ (issued more than 6 years previously) crop up recently and the recipient successfully fought an attempt to enforce it because the creditor was unable to produce the CCA. The judge sent the DCa off with a flea in their ear.

muffin42

Hi
I phoned my local court to see why i have had no judgement for my CCJ though yet. According to the court my case is still pending and as yet no CCJ as been issued against me.This goes against what R&W say in the letters they have sent me.
I,m not sure what to do next?
Ta

stebiz

muffin42 wrote: »

Hi
I phoned my local court to see why i have had no judgement for my CCJ though yet. According to the court my case is still pending and as yet no CCJ as been issued against me.This goes against what R&W say in the letters they have sent me.
I,m not sure what to do next?
Ta

You need to act very quick here. I have had over £31,000 written off legally due to card companies not having the correct paperwork.

How many different debts do you have? Have you submitted a defence against Capital One?

Stebiz