Received 2 ccj's from years ago, is this right

[danielg857]

Hello I'm new on here and looking for some legitimate advice,
today 7/5/14 I have received 2 "judgement for claimant (in default) letters" through the door from a company called MKDP LLP with regards to an outstanding debt from an HSBC credit card and a current account overdraft but I have not heard anything from HSBC since 2004 at the latest. Over the years I have had several debt collection companies send letters but NEVER phone calls or doorstep agents. Then totally out of the blue I get these through the door I'm worried as to what they can do and if in fact they have got the right to do this as they (MKDP LLP) are not HSBC. The letters or orders as they are called state "forthwith" on them and it is quite a substantial amount
I have searched google and type in various things and some sites are stating that creditors cannot perrsue you after 6 years with out making contact, like I say I'm very unsure and don't know what to do any advise or info would be helpful many thanks Danny

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

With a judgement by default you need to apply to have it set aside as soon as possible. The set aside application needs to state that you didn't receive the papers and that you have a valid defence to the claim, in that it is statute barred ( if you have paid anything since 2004 or even since 2008) I did do a little guide to set asides I'll dig out for you.

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

http://www.legalbeagles.info/forums/...plicaton-notes

That should give you a good starting point, a defence on stat barring is quite straight forward, we'll help you with it. When you say a substantial amount, is it over £10k ?

[danielg857]

Re: Received 2 ccj's from years ago, is this right

Thank you that would be great, like I say I have never received anything from this MKDP LLP until now, granted I have moved around but always used my parents address for postal reason
so I can be contacted

[danielg857]

Re: Received 2 ccj's from years ago, is this right

It amounts to around the £8000 mark

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

Good stuff, just means its small claims and not too much worry over costs issues.

Statute barred defence should be quite straight forwards, will help U with it once you've got the app and witness statement drafted, and we can look at the alleged debt a bit more.

You will likely have a hearing at your local court to get the set aside and allow you to file your defence to the claim.

Sorry just picked up you said two ccj's???? Odd they weren't combined into one claim. Are there two separate orders with different claim numbers?

[danielg857]

Re: Received 2 ccj's from years ago, is this right

Yes 2 seperate ccjs 1 for just over £4k and the other just under £4k, I'm still in shock

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

Not surprised. What court did the orders come from? Salford or Northampton?

[danielg857]

Re: Received 2 ccj's from years ago, is this right

The orders both came from Northampton both dated 1/5

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

Okay so the court papers would have been sent direct from the court. Odd how you received the default judgments but not the claim papers.

You'll need to apply to set aside both judgments - it's going to cost £155 for each one but you can ask the court to order the claimants pay the costs of the application. You may be able to apply for fee remission - see the EX160 forms for details.

EX160A

Court and Tribunal Fees - Do I Have to Pay Them? This Leaflet Includes the EX160 Application for a Fee Remission Form (For Court and Tribunal Fees Payable From 7 October 2013)

(PDF 460KB)

Set aside notes here.

http://www.legalbeagles.info/forums/...plicaton-notes



Are both in the same position - ie last payments in 2004/5 ?

[danielg857]

Re: Received 2 ccj's from years ago, is this right

Yes both were last paid around the 2004 mark, sorry if I sound a little dense but is it northampton court I need to phone and explain this to, and then forward "set aside" to Northampton court or just send the "set aside" without contacting the court

Many thanks for your help so far Amethyst

[danielg857]

Re: Received 2 ccj's from years ago, is this right

Sorry if I'm late replying today just about to head out for work

[Amethyst]

Re: Received 2 ccj's from years ago, is this right

First step is to contact the claimants and ask them to consent to a set aside of the judgment.