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New CCJ Noticed on file

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Comments

  • Umkomaas
    Umkomaas Posts: 44,225 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Extankman wrote: »
    not any more its not, thats why i have moved it to another thread, initially it was thought that it may have been but turns out its not. Sorry
    We hope you can find really topic-specific advice if it's now in a better place. Good luck.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    edited 19 December 2018 at 9:43PM
    Extankman wrote: »
    If it's already on my credit file am I out of time to set aside?

    An Application to set-aside a Default Judgment should be made promptly after discovering the CCJ not from when the Default Judgment was obtained.

    I'm currently dealing with an Application to set aside a CCJ from 2006 (not a typo :) ) so that's twelve years later

    I've replied/posted on your other thread here > https://forums.moneysavingexpert.com/discussion/comment/75208958#Comment_75208958

    Di
  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    edited 19 December 2018 at 9:51PM
    Extankman wrote: »
    This was in 2008, i never ever heard from Aktiv Kapital and i only heard from PRA Group in Feb this year although i do know that my old DMP company approached PRA for a copy of the CCA in 2014 and this couldn't be provided.
    My angle is that without a CCA being provided is the remainder enforceable

    Are you saying that a formal s 77-79 CCA request was sent to PRA prior to the CCJ (Default Judgment)?

    If that was the case then you may have a Defence to the claim if the CCJ is set aside.

    Is there also the possibility that this debt was Statute barred (last payment 10 years ago?) before the claim was issued?

    Di
  • I honestly don't know Di

    I've approached the DMP for any relevant info on the whole issue of welcome/aktiv/pra
    Until they get back to me I would just be guessing.
    I've drafted a SAR to send to PRA but I wanted to speak to DMP and step change for further advice prior to doing so I'd also like to be sure that asking for a set aside is worth it if I can confirm a precious request and no evidence of a cca
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