Can A CCJ be cancelled

[hara]

Dear Storm I wll find the papers and give details of events.

There were no summons, but a claim.

hara.

[Keepingmyheadabovewater]

hi hara did you make any payments to them best to get a credit file done if theres one on there then it will be on there for 6 years if its not on there then you will be ok if they filed for a ccj you would have had to go to court

JOHN

[Storm]

Not sure I understand your comments John

[Keepingmyheadabovewater]

what i mean storm is to get a ccj that means that creditors have recived no money from the person in debt therefore creditors go to court to see if they can put a ccj on you

JOHN

[Storm]

That isn't correct...

Prior to seeking a County Court Judgment a number of things must happen.

1. You enter an agreement
2. You fail to comply with contractual terms (written or implied)
3. Payment in full is requested
3. You are served a default notice
4. The claimant issues a claim

etc etc etc

If the contractual agreement says you will pay £100 and you pay anything other than the agreed contractual amount, the creditor can demand full payment, serve notice that you have defaulted and issue a claim / summons.

Creditors do not 'see if they can put a ccj on you' they follow prescribed legal proceedures which are defined in the Civil Proceedure Rules.

[hara]

I under stand all the above.

If I can not have it set aside, If it is a ccj.(I awii ask local court,as a redetermination hearing has been cancelled),I am not happy that the American Express treated me this way and caused severe anxiety to my wife and am contemplating complaining to Banking ombudsman.

Hara.