CCJ-Question

[noimagination]

Hello people.

 

Dose any one no if there is ANY way to push for a company thats issued a default notice to follow through with a CCJ. Can I request it from the company or court?

 

Thanks

[rory32]

You would have to request it from the company but in your situation it may be very far from a good idea.

[noimagination]

Just got to thinking!

 

They issue the default, it gets or I get it to CCj, then pay before the court hearing?

 

Not that simple huh? Just a thought. not necessarly in the situation in my other thread but just in genral.

 

please go on, Is thhis not a good idea? I am a compleat novice at all this!!!

 

Thanks

[noimagination]

This obviosly when debt has been settled before court hearing, or set aside.

 

Removal of CCJ's - Sample letter to Credit Reference Agency

[rory32]

In general you would only want them to take you to court under certain circumstances and would have to be very confident that you would win based on case law (no one is ever 100% assured of winning). Any defence or counterclaim must be based on the relevant statute and not your opinion of what is right or wrong. Where an amount is outstanding and you are not disputing the amount outstanding it is better to settle before court action. Default notices are often not in the prescribed formats or don't contain all the relevant information so can be disputed on the basis that they are not legally valid. I feel you would be better at looking at your default from this point of view rather than try to get them to take you to court.

[rory32]

This obviosly when debt has been settled before court hearing, or set aside.

 

Removal of CCJ's - Sample letter to Credit Reference Agency

Yes. You'll also notice that the default is only being requested to be remove because the creditor has agreed to it.

[noimagination]

Where an amount is outstanding and you are not disputing the amount outstanding it is better to settle before court action. Default notices are often not in the prescribed formats or don't contain all the relevant information so can be disputed on the basis that they are not legally valid.

 

Thank you

[noimagination]

In my situation there was no credit agreement, it was a phone contract. would i be right in saying a default notice dose not have to be served in this situation?

[rory32]

It still has to be served. You may find the following of interest http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/22995-vodafone-default-removal-distress.html?highlight=default