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CCJ with unenforcable ?
grandadsmith
Posts: 133 Forumite
I have received a CCJ for a 1999 cc account, and I have applied for a redetermination. I then requested a CCA to which they replied with an unenforcable application form totally lacking prescribed terms. 
I am considering applying for a "set aside" on the basis of an unenforcable CCA.
What cost's may be involved other than the initial £65 ?
I am considering applying for a "set aside" on the basis of an unenforcable CCA.
What cost's may be involved other than the initial £65 ?
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Comments
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I would think that you should be able to claim your court fees from the original claimant. If the original creditor/claimant can not supply you with a true copy of the original signed CCA, then the 'alleged debt' is no longer pursuable.
Also, I note that the CCJ refers to a cc account for 1999 - provided that you had not made any payment towards the debt, nor acknowledged, in writing, the debt for six years, then that 'alleged debt' would, almost certainly, have been covered by the Limitations Act 1980, making it statute barred. Provided you had told the creditor, or his agent, that you would not pay it, then it would not have been pursuable through the court.
You might do well to take advice from a solicitor - CAB normally have a list of local solicitors who will give an initial consultation free of charge.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
If they dont have the original Signed Credit Agreement, are you saying they can not place a CCJ against you?
I have 2 one fully paid and one trying to get a full and final offer accepted:mad:
but I have 5 other accounts all keep telling me they will go to court, all are with DCA's but I do wonder if they have the original agreement?
k.If you want to see a rainbow, you have to get used to the rain.0 -
keith_lard wrote: »If they dont have the original Signed Credit Agreement, are you saying they can not place a CCJ against you?
I have 2 one fully paid and one trying to get a full and final offer accepted:mad:
but I have 5 other accounts all keep telling me they will go to court, all are with DCA's but I do wonder if they have the original agreement?
k.
If they are unable to supply a true copy of the original signed CCA then this makes the alleged debt/contract 'irrideemably unenforceable'.
You should always ask for a copy of the original CCA - especially from DCAs.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0
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