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Does a CCJ still stand if the debt is unenforcable?
fanofmartin_2
Posts: 56 Forumite
I wish I had read all the posts about dealing with DCA months ago! But it is giving me knowledge and power to deal with them now. Thanks everyone.
Back to the question, Lewis Group (jesus they are nasty) have taken us to court and we now have a CCJ on a debt from Halifax CC. The amount awarded by the court was too much so we are going back to the court for a redermination. Having read posts about getting the CCA, is it too late for us to take this route? Thanks,
Back to the question, Lewis Group (jesus they are nasty) have taken us to court and we now have a CCJ on a debt from Halifax CC. The amount awarded by the court was too much so we are going back to the court for a redermination. Having read posts about getting the CCA, is it too late for us to take this route? Thanks,
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Comments
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Hi
Did you attend court re this CCJ, and did you acknowledge this debt?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
It really is too late as a court has already determined the debt is enforceable.
However, if you did not submit a defence to the court first time round then you could submit a defence this time saying that the debt is not valid.
If you did submit a defence orhave acknowledged the debt at any point (and especially if you have acknowledged it to the court) then I would strongly advise that you do not do this as the court could look very poorly on this tactic.
N790 -
I don't like to be negative but it is quite likely that you did sign an agreement and Lewis Group can access a copy.
Redetermination sounds like the best route.0 -
thanks for the replies, we are going for a redermination as the anount set is unpayable.0
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