Does no documents mean no debts?

ohdarn

Hello everyone. This is a bit of a (actually a lot of a) long shot, but many years ago, due to job losses I defaulted on loan payments. I wasn't in a particularly good place at the time and didn't deal with it as I should have.
The lender asked Drydensfairfax to take out a CCJ against me, which they did and I've been paying it for several years and the loan amount is also secured against the property.
So I was looking through some paperwork recently and at the time I must have written to them asking for a copy of the original documentation for my records  and this was the reply they sent at the time,
'Unfortunately our client is unable to provide a copy of the original account opening document. As the account relates to a fixed term loan our client is also unable to provide a recreation of the document.
We refer you to the County Court Judgement dated 30 May 2013 and urge you to contact the County Court Business Centre, quoting the claim number ********, if you wish to challenge the validity of our client's claim.'
at the time I took it that since a CCJ had been taken out, that meant it was legally binding and I gave up quite easily. I'm guessing that now I've left it too long to try and challenge anything or even if I could to be begin with.
Does anyone have any advice as to whether I should just carry on paying it and clear it eventually, or is there anything I could do appeal the decision, or ideally, get them to remove the charge from the property?
Thanks for any advice you can give.

sourcrates

Hi,

Why did you not defend the claim on the basis the creditor could not provide correct paperwork in 2013 ?

That was your moment, then your second moment came when you could have applied for a set aside on the same basis.

You have had a defence to the claim, in the form of that letter, sat in a drawer for years.

Seven years after the fact its too late now to apply for a set aside, as you must do so promptly, within weeks, not years.

Failure to continue payment now could result in further enforcment action, as they have a charge on your home, are you willing to chance that ?

ohdarn

As I mentioned in my post, I wasn't in a position where I fully understood the situation and as I also mentioned, I had assumed that since they sent the letter after the CCJ had been passed down, that there was no grounds for challenging it.
It is only recently that I have found that it may have been grounds for having the CCJ set aside, and wondered if it were still contestable.
I shall just continue to pay it off.