CCA request But CCJ Still being paid

acer1234

Okay then new to the forum as a poster but always read every day..Here goes

Okay then i Had a ccj against me going back 8 years.I have been paying it every month for the last eight years.Now two years ago the ccj came off my credit file but was still paying the debt as amounts of three thousand still outstanding.The debt has been passed to a collection company,however in Nov 2008 i requested a CCA off them as i wanted to see if the orginal agreement was unenforceable.Now i have still not heard from them so a quick phone call to them just to ask one question and that was was my account still on hold and it was.

Now the question is if the cca cannot be produced what happens next bearing in mind a ccj was issued but is now gone also was the agreement back then unenforceable ?

pepe2008

acer1234 wrote: »

Okay then new to the forum as a poster but always read every day..Here goes

Okay then i Had a ccj against me going back 8 years.I have been paying it every month for the last eight years.Now two years ago the ccj came off my credit file but was still paying the debt as amounts of three thousand still outstanding.The debt has been passed to a collection company,however in Nov 2008 i requested a CCA off them as i wanted to see if the orginal agreement was unenforceable.Now i have still not heard from them so a quick phone call to them just to ask one question and that was was my account still on hold and it was.

Now the question is if the cca cannot be produced what happens next bearing in mind a ccj was issued but is now gone also was the agreement back then unenforceable ?

As long as you are paying the CCJ you will have no probs, unless the DCA tries to vary it.
CCA...where was it 8 years ago is the question.
I dont know how non-production of a CCA would be viewed now, unless the DCA tried for more money on the Order.

acer1234

See the bank only sold it on a few months ago to the dca....so i have just carried on paying direct to them.They have no reason to issue another ccj as i have always kept up the payments.

The ccj went as i say few years ago and has left my credit file.
As for 8 years ago i did not ask for the cca as it was prob enforceable then but as the law has changed now it could be now deemed as unenforceable in a court.

fatbelly

Was this an overdraft?

acer1234

fatbelly wrote: »

Was this an overdraft?

Nope it was a unsecured loan for 6000.

fatbelly

So to remove the ccj would require a court to 'set aside' the original judgement, on the grounds that there was no signed consumer credit act agreement on the loan in existence eight years ago.

I think that's going to be a difficult one to prove after all this time, and I think you will struggle to convince the court that you have acted 'promptly' as you are required to do.

You say that this debt is £3k. Is your total indebtedness under 5k? If so, you qualify for an Administration Order.

Final thought - you seem to be under the impression that your ccj has 'gone'. It may no longer be recorded on your credit file but it still exists and will do so until it is paid off or dealt with under bankruptcy, Admin Order or similar.

acer1234

fatbelly wrote: »

So to remove the ccj would require a court to 'set aside' the original judgement, on the grounds that there was no signed consumer credit act agreement on the loan in existence eight years ago.

I think that's going to be a difficult one to prove after all this time, and I think you will struggle to convince the court that you have acted 'promptly' as you are required to do.

You say that this debt is £3k. Is your total indebtedness under 5k? If so, you qualify for an Administration Order.

Final thought - you seem to be under the impression that your ccj has 'gone'. It may no longer be recorded on your credit file but it still exists and will do so until it is paid off or dealt with under bankruptcy, Admin Order or similar.

Right i am not saying a cca was not signed it was.The point i am getting at if the orignal cca cannot be produced by the company for me to inspect to make sure the whole agreement was enforceable what would happen in that case.

fatbelly

Nothing 'would happen'

If you go through the process of asking for a copy of the signed agreement at the time a court claim is made, then its non-appearance is a defence against the judgement being made.

If you object 'promptly' to a court's judgement you can apply to have it set aside and the matter reconsidered.

In your case, eight years down the line, as I said before, I think you will struggle to convince the court that you have acted 'promptly'. So the court costs may well be throwing good money away.

These are only my opinions based on some observations. Courts, and judges, are so diverse that I never say 'never'.

Incidentally, how long do you think it is reasonable for a creditor to retain paperwork after they have got a ccj? The answer can't be 'forever'

acer1234

Well to be honest i think paerwork should be retained for how ever long the debt is outstanding.

I was alot younger when i got the debt so not really clued up to all this...but now with what has come to light about these cca docments its making me think.