Received a CCJ for a statute-barred debt?

[tarici]

Hi All,

I'm looking for some legal advice. I'll try and keep this very concise:

- I had previously had an account with Littlewoods at the trailing end of the last decade, however due to a dispute with them taking more money from my bank account on multiple occasions and me actually having paid off most of the debt, with only around £50 remaining, I had stopped the DD at the time until we could resolve the dispute (They had overcharged me).
- Having not made any progress with them, I had around November 2011 moved abroad to Eastern Europe due to getting a Job, I had probably not had any communication with them for around 6 months at this point.
- Now approx around 1 1/2 years ago some letters started arriving from Lowell's solicitors asking for the debt to be paid, however it had balooned to around £600, to my parents address and my elderly mother told them I was no longer in the country and the letters stopped.
- However, at the trailing end of 2017, Oct/Nov they had re-commenced sending the letters and my mother would repeatadly call them telling them I was not in the country, this continued until last month.
- The next 2 letters that have arrived is one from "Count Court Business Centre" in Northampton:
-- "To the Defendant, You have not replied to the claim form, It is therefore ordered that you must pay £979.44 ...."
- - From Lowells pretty much the day after asking for the full amount.

- Now I want to clarify again, at no point during this period have they ever spoken to me.
- My mother had received the letters but not made me aware, I only found out about them as I came to visit and saw them (I am in the UK for the next 3 days and then flying back)
- I am unsure what claim form that should have been responded to, but I rummaged around and couldn't find anything from the court referring to any claim form, so I am unsure how the judgement was issued.

My main key point however is that surely the statute of limitations has passed, they can't chase the debt, as having not spoken to me since way before Nov 2011 they cannot surely chase the debt.
How can a CCJ be issued to my parents address when they've told them I am not there nor that I live there.

My mother has sent a letter to Lowells for harassment as they have kept saying to her to bin and ignore the letters after she has spoken to them on numerous occasions, but now she is stressed afraid that bailiffs will come and take her things away (I actually have no property at their address).

What should I do?

[warwick65]

This might be difficult if you are away from the UK.

There are too many variables to say if the account was actually statute barred, but one question is, had the account been defaulted before you stopped communicating. generally, at the moment, courts are taking the default remdey date as the cause of action which may have been late 2011 or maybe early 2018, what was the date of the CCJ?

There are options, one is to apply to get the debt set aside but while this may have an appeal, you still need to be able to defend the claim. Of course if the ccj would cause problems to you, a set aside and settlement might be a way forward although I would try not to have to settle.

Amethyst can you help?