Got CCJ [whilst abroad] - now set saide hearing pending. Please advise

[monk_fish_]

HI all.

 

I have received a CCJ whilst abroad for several months.

 

 

Though there was a judgment for claimant letter on my arrival

there was no sign of any court forms.

I have applied to have the CCJ set aside on this basis.

 

From reading other posts,

it appears I will need a to convince the judge I have a reasonable defence before a set aside can take place.

 

The debt is from a Nationwide credit card.

Original agreement would have been a signed agreement rather than through the internet.

It was established over 10 years ago.

The default occurred just under 6 years ago, so statute barred in not an option.

 

I have never seen a Default notice, though I have moved home several times, so this does not mean one was never issued.

 

I have never requested an original copy of the Credit Agreement, though I doubt the DCA have this, given the time span.

 

The Credit Card Default notice would undoubtedly include punitive late fees which are not legal.

 

 

Would this not render the specific of default amount invalid, and as such any claim for that specific amount?

 

Are the DCA still obliged to provide copies of the credit agreement even though the CCJ has already been issued?

 

I will need a case to present before the judge other than "I am hoping the DCA do not have a copy of the CCA and therefore have no claim to this debt".

 

Any advice very welcome.

 

Thanks in advance

[dx100uk]

have you even sent an SAR to NW to get all the statements

 

 

might be PENALTY fees and PPI

 

 

if the DN is not valid for whatever reason

they'll just issue a new one.

 

when was this taken out and how much are they after

[monk_fish_]

Hi, I have not sent a SAR to Nationwide. I was naively expecting the debt to reach statute barred status and returned from a trip abroad to find the CCJ judgment letter.

 

Im pretty sure I sent a SAR to Nationwide when intending to claim back some illegal charges, but never followed this through. This was before the default. There are definitely punitive late fees associated with that account. There was no PPI attached to the account.

 

The agreement was taken out over 10 years ago. The default occurred just under 6 years ago. The amount is for just over 7k. The acoount was sold at some point to Arrow GLobal. The CCJ was applied by Restons on behalf of Arrow.

 

hope that helps

[dx100uk]

urm...

 

 

it going to take something to convince a judge you don't owe £7k!

 

 

whats the figure of the PENALTY charges if you were to put them each

in the CISHEET at nationwides int rate?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011