Help needed please been a while so a bit rusty

[leena]

First of all I like to thank the whole team as I personally have wiped out over £30000 in debt and now only a few months away from my last £8000 debt and I'm free !!!!


Please could you advice.......my wife had a credit card which is unenforceable but was given a ccj recently and now there turning the screw a bit (Cabot) and courts asking for a order of production statement which is fine. But I can't remember if I could go down the unenforceable route or if it's to late. This was from her previous marriage and I'm just trying to see our options.


Sorry if this is in wrong place but it has been a while since I've been on site and it's changed a lot since then.


Many thanks guys

[PlanB]

Re: Help needed please been a while so a bit rusty

my wife had a credit card which is unenforceable but was given a ccj recently and now there turning the screw a bit (Cabot)

Why did your wife get a CCJ?

Did she not receive the court summons so got a Default Judgement at an old address? If that was the case then she may be able to apply for a set aside of the CCJ if she can prove (a) the summons was incorrectly served and (b) she would have had likely prospects of success if she had defended herself (if the debt was unenforceable)

Or did she defend the claim and the DJ dismissed her Defence?

Give us a few more details please.

Plan B x

[PlanB]

Re: Help needed please been a while so a bit rusty

my wife had a credit card which is unenforceable but was given a ccj recently and now there turning the screw a bit (Cabot) and courts asking for a order of production statement which is fine. But I can't remember if I could go down the unenforceable route or if it's to late.

I've found some posts of yours on an old thread.

Is this the Cabot debt which has resulted in a CCJ or is that a different one from your wife's debt problem http://forums.all-about-debt.co.uk/s...ll=1#post34493

If it is the same debt we can copy those posts onto this thread to keep everything in one place.

If it's not then just answer the questions in my previous post and we'll take it from there.

Plan B x

[leena]

Re: Help needed please been a while so a bit rusty

I've found some posts of yours on an old thread.

Is this the Cabot debt which has resulted in a CCJ or is that a different one from your wife's debt problem http://forums.all-about-debt.co.uk/s...ll=1#post34493

If it is the same debt we can copy those posts onto this thread to keep everything in one place.

If it's not then just answer the questions in my previous post and we'll take it from there.

Plan B x

Hi plan b and thanks for replying

The old post that was my debt and has now gone��

My wife's debt was because she couldn't pay before I came along and hence got a ccj. But from experience at looking at her original agreement and when asking for an agreement from Cabot they came up with a photocopy from a book!!! So i was hoping I could send a letter to the courts saying this debt is unenforceable but due to the fact she has already been given a ccj am I to late ???

[leena]

Re: Help needed please been a while so a bit rusty

Oh and just to add she received the summons and got a ccj without me knowing. Only when she got the ccj court papers through (when it was done and dusted) that I found out so did some digging.

[PlanB]

Re: Help needed please been a while so a bit rusty

My wife's debt was because she couldn't pay before I came along and hence got a ccj. But from experience at looking at her original agreement and when asking for an agreement from Cabot they came up with a photocopy from a book!!! So i was hoping I could send a letter to the courts saying this debt is unenforceable but due to the fact she has already been given a ccj am I to late ???

I fear you are too late unless there are solid grounds for an appeal (out of time) such as the DJ was wrong on a point of law or the facts of the case.

Sadly you can't just have a second bite of the cherry simply because you realized afterwards that you should have pleaded unenforceability in your Defence at the time, but didn't.

It works both ways.

How would you feel if the creditor appealed a claim which had been dismissed based on unenforceability, because a couple of years later they found the elusive credit agreement?

There has to be a cut-off point and the DJ's Judgment is the cut-off point (unless there are grounds for appeal).

If your wife's claim didn't proceed to a hearing because she didn't file an Acknowledgment of Service or Defence at the time, then she would have been given a Default Judgment which means no DJ made a decision based on the contents of her Defence so I can't see what could be appealed anyway.

However if the summons had been issued incorrectly (e.g. to an address where she was no longer living) then she may be able to apply for a set-aside of the judgment which is a different legal avenue.

Plan B x

[leena]

Re: Help needed please been a while so a bit rusty

I fear you are too late unless there are solid grounds for an appeal (out of time) such as the DJ was wrong on a point of law or the facts of the case.

Sadly you can't just have a second bite of the cherry simply because you realized afterwards that you should have pleaded unenforceability in your Defence at the time, but didn't.

It works both ways.

How would you feel if the creditor appealed a claim which had been dismissed based on unenforceability, because a couple of years later they found the elusive credit agreement?

There has to be a cut-off point and the DJ's Judgment is the cut-off point (unless there are grounds for appeal).

If your wife's claim didn't proceed to a hearing because she didn't file an Acknowledgment of Service or Defence at the time, then she would have been given a Default Judgment which means no DJ made a decision based on the contents of her Defence so I can't see what could be appealed anyway.

However if the summons had been issued incorrectly (e.g. to an address where she was no longer living) then she may be able to apply for a set-aside of the judgment which is a different legal avenue.

Plan B x

Thanks plan B. I thought as much but was worth asking just in case.

Take care

[PlanB]

Re: Help needed please been a while so a bit rusty

my wife had a credit card which is unenforceable but was given a ccj recently

The only question left unanswered is when was the CCJ granted (you only say "recently") and was the summons sent to the address where she was living at the time it was served ?

Plan B x