Help with confirming if a debt was statute barred when CCJ was granted

[littlemiss26]

Hi

Recently became aware I had a CCJ from lowells for a capital one debt. Judgement date 04 Jun 2015 for £1782.00. I have done a subject access request to capital One and received quite a lot of stuff back from them.

The last payment to the account from what I can see is made to the account 05/2009.

Is this when the statue barred time runs from or is it the date when default letters are sent out? A notice of default served 15/10/09 and Statement of default 17/11/09

I have never had any contact with capital one or lowells in this time.

There is no Letter of Assignment to Lowells just memo entries regarding the sale of the account dated 24/07/2014 and 22/07/2014. However it appears lowells payed them nothing for the debt as balance entries run 19/10/17.

There is other advice I need to ask after the above but I don't want to write to lengthy a post in one go.

Thanks in advance for any advice

[MIKE770]

starts from the last date you acknowledged a debt i.e. last payment or last letter regarding the alledged debt> you can if you did not receive the court papers at your address (usually you may have moved & the idiots at Lowells etc could not be bothered or ignored CRA address)

Set Aside Application cost £255 unless you are on certain benefits, but let peeps know the full details 1st on here

[littlemiss26]

Thanks mike770. Think I might of posted this in the wrong forum section. So I’m correct that if 6 years had passed since the last payment on the account was may 2009. The account would have become statute barred in may 2015.

[MIKE770]

6 years England/Wales and 5 years Scotland of no acknowledgement of the debt i.e. letters or payments?

[Amethyst]

A notice of default served 15/10/09 and Statement of default 17/11/09

then

Judgement date 04 Jun 2015 for £1782.00

So it is unlikely a statute barred defence would succeed as it is under 6 years between default and the judgment ( the claim would be about a month before judgment )

However, it seems you had this judgment awarded against you in default ? So did you receive the original claim or was it sent to a previous address, and were you reasonably easy to locate ( updated electoral roll / credit file etc ) had Lowell bothered to look ? You could consider a set aside application if you believe you either have another defence or their was no reason for the claim to have been brought at a different address - then either defend the claim or arrange settlement once the CCJ has been removed (info Set Aside Application )

[littlemiss26]

Hi thanks amethyst. I am going to repost in the court action section in more detail and post up all the info I have. lots of differing info on this site and across the net on the point limitation starts.