documents after CCJ

tallyhoh

a friend has had a CCJ obtained against. She is not happy about it & has asked to see the original agreement as she thinks they have used incorrect information. They claim that they have no obligation to provide any documentation following the CCJ, is this correct? Thank you

Grumpelstiltskin

Who is they? The original creditor? The court?

Did she not query this before the court hearing?

tallyhoh

unfortunately she's just starting to get to grips with her finances, previously she just let things continue without questioning them hence the CCJ. "they" are the solicitors who dealt with the order from Cabot. she is even more suspicious since receiving a letter stating that they "acted in good faith on instructions from Cabot".

Quite honestly I think the moment is gone & she should just pay, however even I am curious now to know whether they do not have to supply documents. Hence the original question.
Thank you 

Grumpelstiltskin

I am assuming England or Wales Scottish law is different.

This is the GOV.UK website  County court judgments for debt: Overview - GOV.UK (www.gov.uk)

jlfrs01

As the CCJ has been issued the Solicitors who were acting on behalf of Cabot are no longer involved, the matter is handled directly by the Court whohave ruled in Cabot's favour. By this stage the original debt will almost certainly be higher as Court Costs and Solicitor Fees will have probably been added on. Your friend can request the CCJ be set aside if she does not believe she owes the money or didn't receive/reply to Court Papers but to do so will involve a £275 fee and an appearance in Court to argue her case.
As the CCJ has now been issued there will most likely be a deadline for payment or setting up payment by installments. Failure to do either will result in enforcement which means Bailiffs at the door and another load of fees added to the debt.

fatbelly

tallyhoh said:

a friend has had a CCJ obtained against. She is not happy about it & has asked to see the original agreement as she thinks they have used incorrect information. They claim that they have no obligation to provide any documentation following the CCJ, is this correct? Thank you

Yes that's correct as things stand.

She can do a Subject Access Request under GDPR. That may give her enough info to work out if she has a case for setaside

If the  courts agree to roll this back to claim stage she can then do a cpr request to the solicitor and a cca request to the claimant.

At the end of the process she may have spent a lot of money and still have a ccj.

If this is part of a bigger debt picture then it may be best for her to get advice on the whole situation and not fixate on one debt

tallyhoh

fatbelly said:

tallyhoh said:

a friend has had a CCJ obtained against. She is not happy about it & has asked to see the original agreement as she thinks they have used incorrect information. They claim that they have no obligation to provide any documentation following the CCJ, is this correct? Thank you

Yes that's correct as things stand.

She can do a Subject Access Request under GDPR. That may give her enough info to work out if she has a case for setaside

If the  courts agree to roll this back to claim stage she can then do a cpr request to the solicitor and a cca request to the claimant.

At the end of the process she may have spent a lot of money and still have a ccj.

If this is part of a bigger debt picture then it may be best for her to get advice on the whole situation and not fixate on one debt

thank you. I think she is suspicious as they are stating that they have no obligation to provide her with her original paperwork for example credit agreement. Having looked at the link it would appear she is in danger of losing money trying to get it set aside.