CCJ fight

CCJ fight

Postby adriando » Thu May 13, 2010 4:30 pm

Hi

I am new to this forum but not new to what this forum deals with.

Hopefully I have posted this in the correct place.

In a nutshell I have a DCA ( LINK financial ) that has obtained a CCJ on me-despite paying regularly via a debt management programme.

My debt management company have badly managed the whole thing and despite me saying I didn't agree with the CCJ application they have let it go through.

Needless to say I am with another company now.

I have sent the application to have the CCJ set aside on the grounds I don't have any contract with them- nor have I ever consented to their third party intervention into my personal affairs and that they are unregulated and acting illegally.

I would be grateful to hear if anyone on here has ever contested a CCJ on these grounds and won or lost but should have won because of an error in their defence.

I was too slow to send the DCA back to whence it came- as I have done so with a few others-but will should I get the CCJ recinded.

Many thanks in advance
adriando
 
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Re: CCJ fight

Postby adriando » Thu May 13, 2010 8:32 pm

Hi again

a further update.

Just been around a few sites to do with CCJ's etc.

They all seem to allude to the fact that if the court deems my objections as frivilous then that could make the situation even worse.

Is that true?

I have made my request in an honest belief that the DCA is acting unlawfully and my defence was not presented in a mischevious way.

Has anyone anything to say about this?

Cheers
adriando
 
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Re: CCJ fight

Postby nameless » Thu May 13, 2010 8:58 pm

I have sent the application to have the CCJ set aside on the grounds I don't have any contract with them- nor have I ever consented to their third party intervention into my personal affairs and that they are unregulated and acting illegally.

If there's an opportunity to appeal the CCJ, you could do a strawman appeal as the authorised representative for the strawman, and attach a Proof of Claim or even a Negative Averment. They created the strawman, make use of him on their crappy forms.
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

Lord Denning
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Re: CCJ fight

Postby patlane » Tue Mar 29, 2011 6:57 pm

Hello Adriano.

You may be able to challenge the ruling with the “Contracts (Rights of Third Parties Act) 1999”
Sort of fighting a statute with a statute? I find it helps to know their rules as well.
I don’t know the in’s and out’s of your plight, but if this third party you mention is not specifically named on the original contract as ‘a the third party eg. John Smith & Co’, the agreement will be deemed as a void . I would say even unlawful. I doubt the court would find it frivolous to see their own statutes being taken so lightly?
It may help.

Pat Lane.
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Re: CCJ fight

Postby BIG C » Mon May 30, 2011 4:27 pm

HI MY NAME IS BIG C I AM NEW TO THIS FORUM I ALSO AM HAVEING DEALINGS WHITH LINK FINANCIALTHAY HAVE OBTAINED A CCJ AGAINST ME HOW DO I RESPOND TO THE CCJ FORMS IN REPLY SORRY FOR ASKING AS I DONT HAVE A CLUE ABOUT THESE THINGS CAN ANYONE HELP :puzz:
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Re: CCJ fight

Postby BIG C » Sun Jul 31, 2011 8:56 am

hi all re; my ccj fight with link financial thay have just sent me copys of my credit card statments to use on me at cc are thay legaly able to do this?
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