Selling of Debt and now a CCJ

fatbelly

Just_Di wrote: »

Would you like me to help this poster in the meantime?

Di

Welcome back!

fatbelly

twhitehousescat wrote: »

glad you are getting better help on this sub forum , just to add (I think I am right) with this amount owing the claimant can go running to high court ??? and you may get Steve Pinner knocking on your door (DCBL - cant pay wont pay)

so act fast ,

It should be a consumer credit act debt so no high court

twhitehousescat

I was inferring high court bailiffs as opposed to mickey mouse ones , however this subject is not my forte

sourcrates

twhitehousescat wrote: »

I was inferring high court bailiffs as opposed to mickey mouse ones , however this subject is not my forte

High court does not deal with CCA regulated debts, they are exclusive to the county court.

Any other debt can be upgraded to the high court though.

https://www.nationaldebtline.org/EW/information/court-action/Pages/High-Court-action.aspx

Extankman

Hi Di,

Just wondering if you have had a chance to have a look at this yet?

Extankman

E-Mail from old DMP Company reads:

"We have checked your file and we don’t have a copy of agreement for Welcome Finance unfortunately. We can see that you did ask us to request a copy of the credit agreement on 24th November 2016, as you believed you may have been sold PPI and wanted to check. We never received a response from Welcome Finance. As your payments towards your Debt Management Plan stopped in February 2017, this wasn’t chased up. So we don’t hold any documents relating to this account. "

PixelPound

Just_Di wrote: »

You don't appeal a default Judgment (CCJ) you make an application to have it set aside.

Judgments are only appealed if the Judge made an error of fact or law at a Hearing or Trial.

From what you have posted you were denied the opportunity to file your Defence.

Di

Court papers were served to the last known address, whether the defendant received them or not only matters if the judgement was done after the claimant had been informed the address they had was incorrect. If I was served papers and my dog ate them before I saw them I doubt I could use this as an argument for set aside.

The other matter in regards to the CCA, could be a route, if it had been requested prior to the judgement (for PPI) and informed they could not get it, it meant the debt was unenforceable until such time as they could provide one, but they could still ask for payments. There would be no requirement to provide this for court to issue a CCJ in a judgement by default (no defense or admission), but it could be argued they knew it was unenforcable prior to requesting a claim be issued.

Extankman

Thanks Nic. So do you think my request for a set aside should be that a CCA was previously requested and could not be supplied?

Should I send a CCA request to PRA?

Is it worth requesting a SAR also to PRA?

Can I email PRA and ask they agree to a set aside before approaching the court or should I just ask the court and explain that previous requests to supply a signed CCA was not forthcoming and this was made in 2014?

Just_Di

nic_c wrote: »

Court papers were served to the last known address, whether the defendant received them or not only matters if the judgement was done after the claimant had been informed the address they had was incorrect. If I was served papers and my dog ate them before I saw them I doubt I could use this as an argument for set aside.

.

I can't agree with that and neither does CPR 13.2 >

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

This may help to explain >

http://www.civillitigationbrief.com/2018/07/28/service-of-the-claim-form-defendants-last-known-address-claimants-reason-to-believe-a-few-points-to-watch/

Di

Just_Di

Extankman wrote: »

do you think my request for a set aside should be that a CCA was previously requested and could not be supplied?

Should I send a CCA request to PRA?

An Application to set-aside a Default Judgment is twofold.

Firstly, the Application should be filed with a Witness Statement which sets out the reasons why the Claim wasn't received with Exhibits evidencing that you were living elsewhere at the time such as a tenancy agreement at the new address etc.

Secondly, I personally believe that a set-aside Application should be accompanied by (filed and served) a Draft Defence telling the court that you would have likely prospects of success if you were given the opportunity to defend the claim. That (Draft Defence) is where any possible legal arguments of non-compliance with your historical s 77-79 CCA Request and/or Statute Barred possibility prior to claim issuance may be raised.

You currently have a CCJ so a s77-79 CCA Request to PRA will be rejected since they have no statutory obligation to comply until or unless the CCJ is set-side.

Di