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Hfc

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 ?
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Comments

  • any advice welcome.
  • 10past6
    10past6 Posts: 4,962 Forumite
    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.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 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
    10past6 Posts: 4,962 Forumite
    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?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • yes although i thought the debt was enforcable at the time .
  • 10past6
    10past6 Posts: 4,962 Forumite
    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.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Lensman_2
    Lensman_2 Posts: 1,506 Forumite
    Part of the Furniture Combo Breaker
    Did you defend the action. If so how?
  • 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
    10past6 Posts: 4,962 Forumite
    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.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    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.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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