The LOP is absolute rubbish IMO, Cabot tried that one for a long time and got nowhere when challenged on it further....

Whoopee Thanks Marroondevo52 I filed the complaint and waited. Got the standard response.... we are looking into it. Now I heard early last week that they have stopped pursuing me.... From the letter I received I gather that they really don't want me to complain to the Ombudsman Thanks for your help with that letter I am feeling rather good this weekend as I have resolved all issues with DCA's

I have had the same from them (Connaught etc) they even passed it to McKenzie Halibut's now its back with 1st Crudites I sent them standard get lost and chew a brick letter plus a complaint and all has gone quiet again I still say that if their collection figures are down for the month they pick on us just in case they can get in a few quid

in my opinion dismissed is not a set aside it is term mainly used when an application is not successful the problem is I am uncertain what happended so it could be the claim was dismissed or your defence but it does not mean set aside if it is set aside it will say so a set aside ccj takes up to 28 days to come off your file i still think the cca and sar will put a big hold on this case

mine was a very similar case to yours I sent a cca request to Connaught Collections after they sent me a stat demand (on behalf of 1st credit) and they immediately packed their bags and left the scene 1st credit now have it back and they have tried to send it to a couple of other dca's but i just keep bouncing it back to 1st credit i raised formal complaint againt 1st credit some time ago and it has all been quiet since watch out for connaught dont call them - they are allegedly liars, crooks and thiefs - just cca them sit back and demand withdrawal of stat demand - no judge will allow bankruptcy against such a seriously disputed debt of which they cannot prove is theirs :grin:

sounds erm.. well dodgy apply for immediate set aside...on the basis you knew nothing about it is usually enough for a set aside be sure that you did not acknowledge it though.. there are a number of bulk processing companies who just get loads of ccj on the nod go for it

OK If I am right.... The matter has gone right back to the claim stage which allows you to counterclaim etc even if it has not then you have a right to defend... firstly you need to send a CCA request and a SAR request to the creditor first thing monday by recorded delivery... you can find the templates on the site.. when is the next hearing? how old is the debt? was it personal or business? you can attack in 2 forms one using SAR you could halt proceedings by claiming charges back however it may be best to see if they have a CCA, if they dont have this then there is no debt they can enforce so you need to get the clock started and hopefully get them to default as soon as possible on a CCA... on anything you right you must put wording such as 'I acknowledge no debt to your company'..

I think!! I understand now.... 1 You received a CCJ that you did not know about 2 You applied for set aside because you did not know about the ccj 3 The judge rightly set aside but the creditor went for an installment and charge order in case the set aside was not granted 4 The judge will now hear the application for a ccj, installment and charge order in one go Does this sound about right to you? If it is then there are several options available.. Let us know:D

If your husband had a ccj set aside then it takes the matter right back to the claim stage again. They have to re-issue the claim and the whole process starts again They can only get a Charging Order if they get a CCJ Did the Judge reserve the case to himself? If he didn't another judge may say something else next time also post the details here if you want you usually get excellent advice what type of debt is it

the reason I ask is that last year I went to court and had a ccj removed because no cca could be supplied... the Judge though gave a lot of weight to the fact that I had not acknowledged the ccj as I was claiming I had never received it... there have been some victories because the case law is vague around this area...I was lucky because the dca surprisingly rolled over and did not fight my case in the end but I know from the judges comments that he was seeking further advice before the dca pulled out that could have made it more tricky for me.... however even though you have made payments I would put it to the judge that you was following an order of the court and feared further enforcement (charging order, bailfill etc) whilst you built your case and got the evidence.

hi did you acknowledge the ccj when it arrived? they do not have to produce the original to you there are certain items that must be on it but they have to provide the original and correctly produced cca in court.. whether you acknowleged the ccj is relevant

again offering an opinion.... they may try and take action they may not without a cca I have dealt with 2 DCA's on CCA's one was brill and backed off immediately and have even removed the defaults the other tried a Stat Demand and have then passed it on twice and now have it back..they have registered defaults in both their name and the OC.....so it is a really journey into the unknown dealing with people who do not give a fig about you.... you could say OK we are going to be stuck for 6 years so do them all at once it will be heavy going but don't spread them out....also once you do the CCA route if they cant produce dont give em one single penny... this forum is superb if you go for the fight good luck

I understand how you feel... my opinion is this....there is a lot of debt collection problems out there and some people are winning, I have been very lucky so far but I already had a poor record so if I upset a few DCA's with CCA requests then it was no problem for me... if you stop paying due to lack of CCA I strongly believe they will register defaults and your Credit score goes down the pan It is very difficult to get these removed or amended, if you look on a report there are a series of circles and it could be recorded against you for a long time... I regret my credit past...I am working very hard to sort it but it is long and time consuming...so my advice would be stick it out, keep paying your minimum payments or get a good loan that would pay them all on a budget that you can afford because... I am just remortgaging and I have a couple of now quite old ccj's but the mortgage co told me that any recent defaults would be worse! apparently they ignore some like mobile phone defaults etc..

were you represented at the court hearing? if you were go back to them and ask if they can assist you otherwise contact citizen's advice - be quick see this Court Fines | Debt Advice Trust it may help

If they acknowledge the form and the court and creditor agree a payment plan then yes a ccj will be recorded against those who are paying against the plan, the only way not to get a ccj is to pay it in full within 28 days of the court order. Best way to stop ccj would be to approach the creditor and ask them not to go through the court and offer say slightly higher payments each month or something as a sweetner for not proceeding... or a slightly riskier tactic to avoid a ccj would be to attend on the day and ask for the ccj to go against the company only and the pg's would pay through the company..