Insolvency on a default CCJ? thoughts please!

[viking657]

Hello quick round up

 

I have a default judgement entered against me and a high court writ to enforce collection of a debt of £10,000.

 

Now I have never signed a credit agreement with this company and I know they can't supply one. I've pin pointed the point they upgraded my trade account to a credit one and have evidence that supports this action on their part as a method to push sales of their stock on me without ever making credit agreements or terms clear.

My business was destroyed by fire so I have no records to calculate if the amount owed is correct at all but I have evidence to suggest its not collectable under the CCA1974.

 

I also have evidence to suggest they had my contact details for 12 months before they took legal action but never contacted me prior to this and only took legal action once I moved house.

I believe I can demonstrate that they may have intentionally obtained judgement by default.

 

Financally I am am unemployed and a full time homemaker with three dependents. I am not married but my partner works and we are in receipt of tax credits.

In the eyes of the law we have little if any disposible income and we have no assests of any sort.

 

So far I have attempted set aside but failed on remission of fees due to incomplete evidence, I am going to try again as soon as I correct that as I can't really afford the court costs.

I have also outlined my defence to the solicators and the claimant and have just recently wrote tot he claimant requesting everything they have on me under data protection.

I have also gone to great lengths to outline how I don't believe they have a case and even if a court rules me liable after seeing all the evidence they would be recieving a token payment or prehaps even full set aside till I can afford to repay.

 

What I'm worried about is if they apply for insolvency, can they do it based on what I've said here? If they can and I know its a complicated issue and anything anyone says is only an opinon but does anyone think they would be successful based on what I have so far?

I have no repayment arrangment in place as all I've done so far is force the bailiffs to return it twice and refused to pay until I see the evidence and informed the solicators of this fact.

 

I'm determined to fight this but I'd like some help over the insolvency prospect as I've basically said to them that I'm never going to admit liability until a court sees the evidence and rules me liable.

 

I do understand their other options and what the outcome of those could be but insolvency is something I need more info on.

 

Thanks in advance

[patrickq1]

have you sent a SAR if so what response have you had so far

[viking657]

yes I've sent that but no response as yet but they still have weeks to respond

 

 

I'll check back in later as my connection is playing up thanks so far for everyone who has looked at this

Edited March 21, 2010 by viking657
poor internet connection

[patrickq1]

all you can do at the moment is wait for the SAR to be complied with ,as for setting aside you need to enter into your defense that the company you are trying to deal with has been unprepared to supply you with the neccessary document ie contract agreement and all data concerning yourself,this should include statements and all mail to and fro they have chosen to ignore the due proccess and you would like to put it to the judge that he make an order for you to receive this information...the default judgement was done without any notice to yourself in order for you to have defended the action..and You were not fully aware of your legal rights at the time is another point

if the account has been passed to a debt collectors then you also send this ..

Letter when account has been passed on whilst agreement request is in dispute

[patrickq1]

the set aside form you want is an n244 but read the thread ive put on here see if you are eligible for legal aid

 

If you are going to apply for a set aside, see if you are eligible for fee remission (Form ex160a) -

 

Her Majesty's Courts Service -Forms and Guidance

[viking657]

Thanks patrickq1 I guess I wait to see if they comply with the subjetc access request and incorporate what you have said into my evidence for set aside.

 

Like I said I've already applied once and it was purely the remission of fees that prevented the application from going through and the annoying thing is I know I'm entitled.

It didn't go through as I pay my rent via bank transfer by arrangement with the landlord and so when the courts say this on my bank statements they requested to see the details of that bank account that the money was going to!

Didn't fancy asking the landlord for his account details lol so I've set up a standing order so just need to wait for that to be reflected in my bank statements.

 

You don't have any other ideas as to how to prove to the court this is were that money went without supplying my landlords bank statements by any chance? If that was possible I could reapply straight away

[patrickq1]

You don't have any other ideas as to how to prove to the court this is were that money went without supplying my landlords bank statements by any chance? If that was possible I could reapply straight away

 

your own direct debit or bank transfer statements should show where the money has gone also you only need a letter of proof from your landlord that he is in receipt of your payments ...

[vjohn82]

A letter from your landlord is sufficient - but you could do this yourself by providing a copy of your tenancy agreement and rent statement.

[palomino]

One small point : in your first post you mention a trade account. If you mean a business account then such accounts aren't covered by the Consumer Credit Act.

[viking657]

Hello palomino,

 

Thanks for the input very worrying possibility!

 

I was a sole trader not a company or anything. My pro forma account I opened was in my name not the business.

The company in question just simply upgraded my account to credit after 7 months of trading with them without even asking or explaining the terms of such an arrangement.

I never signed any agreement with them and I'm sure they had to have one as other suppliers I used at the time required full credit checks, credit agreements etc etc.

 

I would be grateful if you could expand on what you said Thanks