Hi I'm New (need info on CCA & SAR Requests)

woobwell

Hi Everyone

I'm new and have a couple of quires.
Can you C.C.A or S.A.R a body or company after a CCJ has been made an order, with a view to having the judgement overturned if the agreement was floored in some way.
I would welcome the forums advice
regards
woobwell

HHH_2

bumping to the front

GeorgeUK

This is a very grey area.
I have seen this mentioned on the consumeractiongroup forum, but not heard of what happened, if anything.

As far as i remember, the CCJ assumed that there was an enforcable CCA for a debt and this was to be contested as no CCA was ever shown to the court. The CCA may not exist or have all the prescribed terms on it which would make it unenforcable, which would mean the CCJ should not have been awarded as it was based on an incorrect assumption of enforcability.

I think you may be able to get more info from the CAG forum. Not looked at this for quite a few months now.

rog2

It certainly can be a 'grey area', but you would, certainly, be able to apply to the Court to have the judgement 'set aside' if you felt that you had been unable to provide a defence. I am pretty sure that you would be entitled to use the lack of a compliant, enforceable cca as a reason/defence, but would reccomend that you take advice, possibly from Community Legal Advice - 0845 3454345 - http://communitylegaladvice.org.uk

With regard to a Subject Access Request (SAR) you are entitled to do this at any time, irrispective of whether or not there is a CCJ against you. Provided you request it at the same time as your SAR, you can, also, request the data controller to provide details of how decisions relating to your case were arrived at.

Whilst an SAR may, certainly, get you all the details you may need in order to question or 'set aside' this CCJ, some Companies view the SAR and cca requests as totally separate and have used the, in my opinion spurious, argument that they are not obliged to provide the cca under an SAR.

One place that you will get good advice from is the County Court Office - whether the office of the Court at which the CCJ was obtained, or your local County Court. I have always found them most helpfull.

Good luck.

woobwell

Hi all

Thank you all for your help and comments, I only ask about CCA request, as the solicitor's acting for my creditor is now try underhand methods to to trying to increase the amount I pay under the CCJ.
I have been trying to obtain information on the method they are employing.
This is to send out a copy of an official court form (EX140) to the debtor, stating that if this is not completed with in a certain time frame, about ten days, they will obtain an order to have your/mine means investigated.
The form they are sending out (EX140) is the form that can only be completed at a court interview, by a court official, under oath and only after an order has been made for the debtor to attend court for that interview.
Has anyone out there had similar treatment from a creditor ?
I would welcome the forums views and comments.
Regards
woobwell