Help with CCJ set aside

[littlemiss26]

Hi

I 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 found other threads on this forum were it says from date of last payment and also info saying from default, generally across the net I can't find a definitive answer. I will attach screen shots from this thread.

When I came across this CCJ I had no idea about it. In 2016 I suffered a mental Break down but my mental health had been bad prior to this for some years. I am missing huge chunks of what I was up to in those times. On discovering the CCJ I sent the subject access request to capital one and sent Lowells a request for a credit agreement and a statute barred letter. I have received a response from lowells which is attached.

There is no letter of Assignment to Lowells in the capital one stuff.

I did receive the court papers I now know. As when I moved last year I boxed up all correspondence that I found that had not been opened and dealt with. It was in there along with some warrant. I am currently not registered as living anywhere so bailiffs are not a major concern for me at the moment.

Is it possible to use the honest truth that my mental health prohibited me from defending this as justification for set aside? Along side other arguments.

I am going to attach various things I got back from capital one whether they are relevant or not I don't know. Either way I need to get this set aside even if the eventual outcome is I am back to square one and receive a CCJ but can pay it off before the 28 days.

Thanks

[littlemiss26]

Struggling with the attachments not being the correct size. Off to work so it will have to wait till I get back

[Diana M]

attachments

Your real name and the credit card account number are showing on those documents so you need to remove them to protect your identity.

Di

[jaguarsuk]

Kati or Amethyst could you delete the original documents, here's redacted ones.

[jaguarsuk]

Okay so the date of default will be 30/11/2009 and as this is later than the last payment would form the date to determine when the debt becomes Statute Barred - 30/11/2015.

In your letter you state that the CCJ was awarded on 04/06/2015 and therefore the debt was not Statute Barred when the claim form was issued or the CCJ obtained.

All is not lost, this is not the only legal argument as you know by sending a CCA request and you should expect them to refuse to comply with that as they already have a judgement.

An application to set aside or vary the order is going to cost you £255, this page details setting judgements aside: http://legalbeagles.info/forums/foru...tailed-version

If successful in setting aside the judgement, the claim would return to the point of allowing you to file a defence and then you have the opportunity to CCA the claimant and use CPR Part 31.14 to find out what info they have on the debt and whether it's enforceable.

If that is your intention you would be well advised to send a Subject Access to Information request to the original credit card company using the guide here: Subject Access Request Letter

Alternatively if you want to pay the CCJ, but would like to do it by instalments you can either work with the Claimant to agree a repayment plan or make an application to vary the order to the court asking that a monthly repayment be ordered.

[Kati]

Kati or Amethyst could you delete the original documents, here's redacted ones.

done xx

[littlemiss26]

Hi

Thanks for deleting the documents. I have already done a subject access request to the original creditor. So have a load of stuff from them. Not sure what I should be looking for in it to build a defense. Funnily enough I found an entry in it that last payment received was 3rd June. On reviewing the letter from lowells they claim they got a CCJ on the 3rd of June however it is registered as 15th.

So what is a reasonable grounds for set aside in my case. Can someone give me a link to were I can read what are allowable grounds for set aside.

Thanks

[jaguarsuk]

Can someone give me a link to were I can read what are allowable grounds for set aside.

From post #5 in Section 2 :

...this page details setting judgements aside: http://legalbeagles.info/forums/foru...tailed-version

---

Funnily enough I found an entry in it that last payment received was 3rd June. On reviewing the letter from lowells they claim they got a CCJ on the 3rd of June however it is registered as 15th.

Also from post #5:

...date of default will be 30/11/2009 and as this is later than the last payment would form the date to determine when the debt becomes Statute Barred - 30/11/2015.

In your letter you state that the CCJ was awarded on 04/06/2015 and therefore the debt was not Statute Barred when the claim form was issued or the CCJ obtained.

---

Not sure what I should be looking for in it to build a defense.

Original Credit Agreement and any other terms referred to in it.
Notice of Default (a letter)
Notice of Assignment to Lowell (a letter)

Amethyst or Diana M anything else worth trying to look for?

[littlemiss26]

Hi

In the stuff I got back from Capital One. It has two default letters, the sums owed on them as outstanding amounts don't match with the monthly account entries. Original credit agreement is just a small box printed on a sheet of A4. Has my signature and all that is written is referring to credit checks and searches of credit file. No Notice of assignment to Lowell. In fact Lowell are not mentioned by name in any of it.

So would my defense be that Lowells had no right to bring the claim as it had not been assigned to them?

Thanks