Hfc

creditcritter

i am on a dmp with payplan one of my biggest debts is HFC who where receiving pro rata like everyone else , anyway they got heavy got a ccj then moved onto an inhibition order , i have kept up with the pro rata payments , since all that i discovered the cca route i have been collecting them from my creditors , HFC have not produced one as yet & it has been months now , say they are actualy unable to produce a true & valid one can i ask there ccj & inhibition to be set aside ?

creditcritter

any advice welcome.

10past6

creditcritter wrote: »

can i ask there ccj & inhibition to be set aside ?

If you admitted the claim, then NO, a disputed CCA are not sufficient grounds for a set aside application.

creditcritter

i did not admit the claim as far as i remember , although i did offer my pro rata payment & it was refused although i still pay it , as a cca is supposed to be produced in court surly the lack of one raises doubt no cca then it was not a legitimate legal action surly it can be set aside .

10past6

creditcritter wrote: »

as a cca is supposed to be produced in court surly the lack of one raises doubt no cca then it was not a legitimate legal action surly it can be set aside .

Was you aware legal action had commenced re this account, prior to a CCJ being awarded?

creditcritter

yes although i thought the debt was enforcable at the time .

10past6

creditcritter wrote: »

yes although i thought the debt was enforcable at the time .

This maybe what you want to hear, however, if you admitted the claim, you cannot go back and change your mind sometime later, unless there are legal grounds for doing so, ignorance of the law at the time judgment was made are not sufficient grounds for a set aside application.

Lensman_2

Did you defend the action. If so how?

creditcritter

not a case of what i want to hear two sides to a coin , they knew the debt was potentionaly unenforcable yet they took advantage & the sherrif probably never asked to see the cca which he should have done.

10past6

creditcritter wrote: »

not a case of what i want to hear two sides to a coin , they knew the debt was potentionaly unenforcable yet they took advantage & the sherrif probably never asked to see the cca which he should have done.

When a claim is issued, it allows the defendant 14 days to submit either an admission /defence / deny, the claim

The 14 days allowed is for the defendant to seek legal professional advice.

As the claim was admitted, this is confirmation to the court the claim is not being disputed.

There are many, many creditors who issue litigation claims regardless what stage a dispute is at regarding a debt.

10past6

creditcritter wrote: »

not a case of what i want to hear two sides to a coin

That was your opportunity to submit a defence to the claim.

I'm not against you here, I've assisted numerous members regarding set aside application, who've been successful, if you have legal grounds to submit a set aside application, I'll assist you, I just don't want you wasting £75.00 on a set aside application that 99.9% will be dismissed.