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Unenforcable credit agreements

HOLIDAYMAD_2
HOLIDAYMAD_2 Posts: 239 Forumite
edited 8 April 2011 at 12:52PM in Debt-free wannabe
Can some one give me the heads up on this in relation to the CCA.
and if there is any standard letters to try and defend one that got turned into a CCJ, even though at the time the arguments were put to the court.

Im a BR and my husband isnt when we used the argument with both the courts and creditors that they were unenforceable , these debts which were obtained in approx 2003, the courts dismissed all our arguments, so im seeing if there is any poss redress today with the FSO as some were turned into interim CA even though payment was being made on the original CCJ, all of the CCJ were obtained after 2008.

i suposse im trying to see if i can get these debts dismissed and the restrictions on the land reg removed.

If i dont try again , we will never know.

Comments

  • timbstoke
    timbstoke Posts: 987 Forumite
    Part of the Furniture 500 Posts
    If you made the arguments at the time and they were dismissed, I don't think there's much you can do now. If you'd never attended, you could apply to have the judgment set aside, but if you put forward a defence and it was dismissed I think you're stuffed.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    It depends entirely on what you argued, and why the court dismissed those arguments.

    There may be room for some sort of appeal, or there may not.

    This probably isn't the place to get into an in depth examination of the particulars of your case though.

    - Consult a lawyer? There are a few that specialise in this area. I think pt2537 (a poster on CAG and legalbeagles) has contacts in this area.

    - And/or post in the legal sections on those sites asking for an opinion?

    However, as judgement has already been made at a hearing, most avenues are likely to be time consuming and tough.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • it was around 2008, some i got dismissed but some i didnt , on one occassion id argued from info like a site such as MSE word for word of what was written, the agent for the lender said her infor is rubbish its gleamed from sites off the web. judge went ok CO granted .

    it seemed it was the way forward to enforce debt.

    Literally and im no fool, i then wrote into the court , to the head judge and got a terse reply saying hardluck , judge makes the decision no appeal.

    So it has narked me and i still want some redress esp as a couple of years have elasped.

    I swear many couldnt provide the agreement even for the hearing . yet the CO was agreed and never once in my court would they consider the I & E at the judgement hearing , i beleive the CC is a farse and would like to at least have another go if its possible without a cost.

    So to bring me up spec id appreciate a summary of what is non enforceable with relevant dates, all my roling credit was from 1999- 2006.

    if i can find a letter i did i will post it up from those dates but its all on a old pc.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Copying standard defences from sites like MSE, CAG etc is rarely a good idea.

    Each case stands and falls on it's own merits, and a copy/paste from a forum is likely to pee off many judges.

    I suspect you will not have much luck now, but start a new thread on the legal sections of the forums I mentioned before and ask.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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