A & L Trying Court second time

[ODC]

Surely a half decent solicitor could based on this letter from A&L get this CCJ revoked. A&L have admitted there is no CCA agreement

[ODC]

So, can you still send a CCA after a CCJ has been issued and are the DCA obliged to answer it or can they refuse on the grounds the debt has been proven?

Might need to utilise this one myself shortly.

I dont think they can refuse to send you one. But as said previously the CCJ still stands.

[ODC]

Can A&L having been granted the CCJ go back to the court and ask for it to be struck off

[ODC]

They might be able to, but why would they.

 

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They have requested that the current action be discontinued

[ODC]

Im no expert and hope Im wrong but it seems that A&L have applied to the court to have the CCJ set aside but the court has rulled there are no grounds for this.

 

If this is the case you may need to contact a solicitor. It would seem that A&L have admitted they are in the wrong but the judgement against you still stands. Perhaps you could scan the document and put it on here then some of the experts can look at it.

 

Sorry:-(

[ODC]

Hi Bach,

 

In one of your earlier postings, you mentioned receiving a letter from the courts....

 

Also recieved a letter from the Courts saying (17th April,) "

they have spoken to the solicitor and they confirm that this action is to be discontinued." the letter then goes on to say that

"we are informed that an application to set aside the Judgement is going to be made." No further payments are required and any further correspondence should be directed to A & L rather that Global

 

Letter recived from Solicitor (17th April) enclosed by way of service on you Notice of Discontinuance which today has been lodged with the County Court.

 

Under the circumstances, I think that you should ring the court on Monday and find out what's going on. The document that you've just received suggests that the court is going ahead with the Order because A & L's solicitor appear to have failed to lodge their Notice of Discontinuance with the court.... as stated in their letter to you . The court therefore needs to be notified that A & L have stopped proceedings against you, so that the Order can be "set aside, varied or stayed".

 

As for the wording of :

 

"It is ordered that

 

The application to set aside the judgement is dismissed as no gounds for such order within the Civil Procedure Rules are set out in the application"

 

This indicates that the Order will go ahead if you do not respond within the timescales that they have given you.....

 

Ring the court on Monday for clarification.... but whatever they suggest/agree to on the 'phone, remember to follow it up in writing (rec. delivery), with copies of all letters received from A & L to confirm that they are no longer pursuing the matter.

 

Does anyone else have any better ideas ?

 

You said what I tried to say earlier but much more eloquently

[ODC]

I thought this was the end of the matter for a while, another Sunday gone doing a load of paper work:mad:

 

Many thanks again

Lynn

 

 

Hopefully it will be wortwhile and the result will be a succesful outcome for you and not A&L

[ODC]

Any chance you can get something in writing Bach ? I'm such a cynic.... What happens if the solicitor continues to follow the wrong procedure, for example ?

 

It might be worth explaining to the court how worried you are....

 

I agree. It would be preferable to have things in writing in case at some date in the future a less scrupulous DCA gets hold of it and goes through the whole rigmarole again. The solicitors seem friendly enough so it shouldnt be any bother to them to type a couple of lines for you.

[ODC]

Forgot to mention in previous correspondance a letter received says "do not make any payments" this was in the letter that says that the Court action was to be discontinued. I also wrote to them asking what I should do and If I needed to pay anything,

Just don't know what there up to.

 

Im so glad I followed yr advice by sending those letters yesterday (Tuesday)

Lynn

I know its difficult. Try and sit tight till you get a reply to yesterdays letters.

[ODC]

I think its time for one of Rorys Veaxatious Litigation letters.

[ODC]

Its very fortunate that you have things in writing from these clowns and it was not just a verbal agreement.

[ODC]

Oh I just love VEXATIOUS LITAGATION

 

Brilliant

[ODC]

Sit tight Im sure some of the legal experts will be along with a challenge to this one for you

[ODC]

Sit tight Im sure some of the legal experts will be along with a challenge to this one for you

aND AS IF BY MAGIC MY SIMIAN PAL OBLIGES:)

[ODC]

I'm no expert but that infers that they have provided you with a photocopy of the agreement which is accpetable.

 

Can you confirm if you received a photocopy or not?

A photocopy is insufficient for a court. They need the original

[ODC]

You'v all been such a great help, I had a mini stroke on Saturday, feeling much better now Im sure its partly to do with all this. Tomorrow will get a letter of to the Solicitors and spend the day getting bundle ready for the Court date

Thanks again lynn

Lynn the stress of all this nonsense has no doubt contributed to your TIA. If you dont feel up to arguing your case at the minute with these mongrels a good letter from your GP or consultant should get you some breathing space

[ODC]

Fortunately the law is quite clear on what is enforcable and what is not. I dont see too many DCAs rushing to Court with reconstructed documentation or poorly photocopied application forms.

[ODC]

Make sure your health is up to it before any Court Appearance. A stroke/TIA is not the easiest thing to get over

[ODC]

They can omit the signature box and name & address of the debtor if they wish to hide behind the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983. But they'd need the signed document in order to try and enforce it through the courts.

 

Personally, I would be inclined to point this fact out to the solicitor.... but am interested to hear what the others think.

I agree with you P1 I just cannot see how any judge with half a brain can accept this photoshop special. He must be very ignorant of the CCA or maybe firendly with the solicitors involved (allegedly)

[ODC]

Good Luck For Thursday:)

[ODC]

Great result and if they are foolish enough to come back you still have the CCA.

 

Wonder if the judge will take any action re Abuse of Process.

 

Caggers seem to be having a very succesful week:D

[ODC]

 

Should I be doing any thing else now?

 

Once again a big thank you

YES and this is most important

 

 

 

 

 

 

 

 

Get yourself a large bottle of Champagne, chill it in the fridge. Put your feet up and drink to your sucess:lol: