What can be done following a county claim judgement?

[streetgang]

Evening all.

 

I recently received a letter from a well known DCA regarding a very old credit card debt that I once had.

 

At the time my credit card balance(s) increased and increased and I didnt know how to handle it, in the end i just stopped ignoring the letters and the phone calls and then ignored the county court letters and judgements - not something i am proud of, but it happened, i just wish i had grown a pair and stood up to the collection agencies then.

 

Anyway, some time ago they took me to county court and got a judgement against me.

 

They are now pursing the debt. What I need to know is there anything i can do once the county court claim has been made?

 

ie: Should i ask for a copy of the CCA signed agreement ? (i doubt one exists as these companies just buy them up in bulk without proper documentation).

 

Or does it not matter that they dont have the agreement now?

 

They have asked for a financial breakdown of my income and outgoings but i want to ensure i am in a stong a position as possible to challange them and perhaps offer a lower repayment.

They also way that i must provide proof in terms of bank and building society statements and utility bills. Is this legally binding as surely these are covered by Data Protection rules ?

 

ANy help gratefully received. thanks

 

Streetgang.

[Spamalot]

Do you actually have a judgement against you and if so how are you paying it?

 

If it is only a county court claim have you acknowledged the service of it?

[Ell-enn]

Hi, is the judgement asking for the full amount to be paid in one sum?

If so, you can apply to the court to pay by installments. This is done on a N245 form which can be downloaded here: Her Majesty's Courts Service - Home

[r&b]

They are now pursing the debt. What I need to know is there anything i can do once the county court claim has been made?

 

yes theres lots u can do. endeavouring to find out if the debt was legally enforced is ur starting point with a view to potentially getting the judgment set aside. u want to be pretty sure of ur grounds here cos there can be cost implications if u lose.

 

ie: Should i ask for a copy of the CCA signed agreement ? (i doubt one exists as these companies just buy them up in bulk without proper documentation).

 

yes u should ask for a copy of the CA. but as there is a judgment now, that takes precedence over the CA i believe, so u might not get the answer u require. dont be afraid to send a SAR as well to the regstd address of the OC as well as the DCA (its £10 a throw tho) this can flush out (or not, equally as useful) quite a lot of interesting material that can add to ur case.

Or does it not matter that they dont have the agreement now?

to have enforced the debt they must have had the correct grounds for doing so, central to that is an enforceable CA.

 

They have asked for a financial breakdown of my income and outgoings but i want to ensure i am in a stong a position as possible to challange them and perhaps offer a lower repayment.

They also way that i must provide proof in terms of bank and building society statements and utility bills. Is this legally binding as surely these are covered by Data Protection rules ?

 

they have ASKED for these datails, up to u if u send them.

id be tempted to get a few requests off and start to put them under a bit of pressure. buys u time at least. its worth looking at which court u recvd this judgment from too, as anth other than Northampton bulk ctr, they should attach relevant docs to the claim form, so a request to the court is often a quick and easy way to get some info (another £5 tho for 10 upto 10 sheets).

 

if ur not up for a long fight that will undoubtedly end up in front of a judge with u putting ur case and knowing it inside out, and u just want decreased payments, then Ell-ens advice may suit better.

[streetgang]

hi all, and thanks for your comments and advice.

 

It is a judgement that was made against me a couple of years ago, when I am afraid to say i was burying my head in the sand.

I am already paying back small amounts on all my debts, this is one that I had totally forgotten about.....I will send a request for the CCA and that might put me in a better bargaining position.

 

Could they say however that they had the CCA when the took me to court and subsequently cant find it ? and if so, would that be legal to do so?

 

Many thanks again,

S

[Spamalot]

hi all, and thanks for your comments and advice.

 

It is a judgement that was made against me a couple of years ago, when I am afraid to say i was burying my head in the sand.

 

We have all been there done that and got the t Shirt!

 

I am already paying back small amounts on all my debts, this is one that I had totally forgotten about.....I will send a request for the CCA and that might put me in a better bargaining position.

 

Did you defend/admit the claim at the time or did they get the judgement by default?

 

Could they say however that they had the CCA when the took me to court and subsequently cant find it ? and if so, would that be legal to do so?

 

Was the claim through Northampton or one of the bulk centres? If so they probably wouldn't have produced any documents let alone a CA.

 

Many thanks again,

S

 

If you have only just become aware that you can defend this claim then you can apply for the judgement to be set aside and if that happens you can then defend it from scratch.

 

It is highly unlikely that they would be able to conveniently lose the CA and get away with it but someone will come along with more knowledge than I on that aspect.

 

BTW, Which Credit card company was it with?

 

Where was the judgement made and what was it for?......( don't be too specific.)

[r&b]

I am already paying back small amounts on all my debts, this is one that I had totally forgotten about.....I will send a request for the CCA and that might put me in a better bargaining position.

 

send any reqsts recd del and dont sign, keep copies of everything. they may not send anything under the CCA reqst as they already have the judgment agst u and that takes precedence. so i would send a SAR to the original creditor at their regstd address too, its £10 and they get 40 days but invariably gives useful info.

Could they say however that they had the CCA when the took me to court and subsequently cant find it ? and if so, would that be legal to do so?

 

lets hope they do.

 

 

if u are going to go for the set aside u need to work on ur grounds for doing so. the documentation will be central but look at the CPR 13.2/3 as well:

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice