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Help with CCJ/Statute Barred/Set Aside/Fees+Process

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  • Help with CCJ/Statute Barred/Set Aside/Fees+Process

    Hi there,

    Thanks for reading. I'm new to the forum, and hoping I may be able to find a little help with my current situation. I'm in a bit of a tangle!.

    Essentially I received an N1SDT CCJ claim form in the mail, too late to reply, and subsequently received a CCJ. I believe the debt to be statute barred, and intent to have it set aside if possible. I'm currently trying to claw my way out of long term unemployment by starting a small business (via the JSA/NEA scheme. I'm in the very early stages), so this is pretty awful timing.

    On the 18th of August I received a claim form dated 25th July. Obviously at that point it was too late to submit a seemingly simple defense, and the court ruled in favour of the claimant. I have received a 'Judgment for Claimant' notification, and correspondence from the claimant.

    The debt is from a capital one credit card dating back to August 2007, and was apparently 'assigned to the claimant' in Oct 2009 (this information is taken from the 'particulars of claim' section of the claim form that I received). I have no records of the debt, but have had no contact with anyone regarding the debt/account since the point were I stopped making payments (which I assume is 2007).

    I'm hoping that I can have this CCJ set aside, owing to the debt being statute barred. I'm currently claiming JSA, have no savings/additional income, live in my father's home, and I believe that I meet the requirements for a full remission of court fees, should I be able to go down that route. Though I'm not really sure how I go about doing that. Also I'm not entirely sure what kind of evidence I would have to supply. I have no records from the time, and assume I'll be needing them.

    I've scanned in what I've received so far (personal info blanked out) and I'll attach those images to this post, if they're of any use. Any advice with regards to my options at this point would be greatly appreciate. My understanding's pretty limited, and time is of the essence it seems.

    Thanks for any help.


    What I've received>






    Tags: None

  • #2
    Re: Help with CCJ/Statute Barred/Set Aside/Fees+Process

    Bump.

    Comment


    • #3
      Re: Help with CCJ/Statute Barred/Set Aside/Fees+Process

      Hello,

      Can I ask how you only received the claim form on 18 August? Did the claim form accompany the Restons Letter or did it arrive on its own. If the latter what is the reason why you didn't respond to it?

      Does the address on the claim form match your current whereabouts?
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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