Advice on default ccj/set aside/statute barred

[Brookstein]

Hi All ,

I have a set aside hearing next week and I believe that I have a good chance of setting aside a default ccj , but my question is :

If the ccj is successfully set aside is the statute of limitations reset to the date of this hearing , or reset to the date of last payment ,or reset to the day of the default ccj ?

I can`t find anywhere that answers this question and I really need a definitive answer from somebody who knows !

Thanks in advance

[Amethyst]

If it wasn't statute barred when the claim was issued then it won't GO statute barred unless the case is dismissed. The issuance of a court claim stops the clock. So if the debt went past the 6 year point from the original cause of action and no payments or acknowledgements were made since BEFORE the original court claim was issued - you can use that to defend the claim once the judgment is set aside. However if it went past the 6 year point between the time the claim was originally issued and now, you wouldn't be able to use statute barred as your defence.

[Brookstein]

So because it wasn`t statute barred at the time of issuance of the claim it can now never be statute barred even if it is set aside ? And even though I had no chance to defend the original claim ?

[Amethyst]

Yes. How long ago was the judgment and what are your grounds for set aside ? ( issues at an old address ?)

Any defence available other than on limitations ?

And how did you come to find out about the judgment ?

[Brookstein]

I`m not relying on it being statute barred for the set aside hearing ..it would have been 6 years next month since any payment or acknoledgement that`s why I was asking the S.B question .
The dca sent evrything to the wrong address (not an old address) and ignored my emails telling them so . I believe they did it on purpose to gain the default ccj ..then they wrote to me at the correct address some time after to tell me they had obtained a ccj against me .

[Amethyst]

Wouldn't surprise me. It seems far simpler to them to get a default judgment and fight the 5% that do try to set it aside rather than just roll over and pay the judgment. Had you communicated with them from your correct address at all before they issued the claim?

Had they issued the claim at the correct address you'd have defended it on your other grounds and still wouldn't have had statute barred as an argument - only had they issued at a wrong address AFTER the 6 years would you really have that as an argument.

If it is a consumer credit debt you should also be aware that there have been a few cases where the default date has been taken as the cause of action ( ie the start of the limitations period) as opposed to the last payment date ( unless last payment was after default of course )

It sounds like you'll be fine arguing for the set aside if the address was simply wrong, and you'd made them aware of that ( how did you know btw that they were sending letters etc to the wrong address ? )

[Brookstein]

I live in a block of flats and I did get 2 letters that were addressed to me but at the wrong flat 3 floors down ... By pure luck the postman must have recognised my name and posted them through my door even though they were incorrectly addressed .
The first letter from the dca was saying I must reply within 21 days to avoid `possible court action` so I emailed quoting their reference number simply saying any action will be defended (I didn`t give them my address) .
They emailed me back saying I had the wrong reference number..I hadn`t they`re just completely incompetent .

The second letter came saying I had 14 days to respond so I emailed them again . This time I said basicaslly that they`re incompetent, that the ref number is correct it`s their own ref number and they`d better re-check it , and I told them to stop sending letters to the wrong address and any correspondence must be sent to my email .

They didn`t even reply to that and I didn`t get any further letters which made me think they`d given up..but then 10 months later I got a letter saying they`d got a ccj against me . I was effing furious ! I checked the dates and they obtained the ccj 15 days after the second email .
They can`t have followed any protocol it was too quick .
I believe they purposefully sent to the wrong address !

[Amethyst]

Okay, yes they seem to have problems with flat numbers see a few cases with similar problems there.

That second letter you received, do you still have it ? it sounds like the one they send stating the claim has been issued and if you don't respond to the claim they'll obtain a default judgment from the court. Just as they obtained Judgment the day after the deadline they'd given you in the letter means the Claim must have already been issued when it was sent. ( once a claim is issued you have 17 days to file an acknowledgement then they can ask for a default judgment )

Not sure on the first with 21 days - a letter before action would (should) give 30 days to reply.

[Brookstein]

Sorry I`m going to be late for work !
I`ll reply tomorrow when I have chance

[Amethyst]

Have a good evening.

This is the kind of letter I'm thinking of.

[Brookstein]

Hi Amethyst ,
No I didn`t receive anything like that ..the letters I have are from the dca threatening to send the claim to their solicitors (which are in-house anyway) which is why I am saying there isn`t time for them to have followed cpr protocol ... I`m not sure if any of this is important now as I have only a few days to the hearing.
So I`ve received a letter from them this morning that they have sent to the court consenting to the set aside and saying that they won`t be attending to save costs ! Shame they hadn`t thought of that when they were awarding themselves £650 on top of the original claim .
I was looking forward to having the chance to embarass them at the hearing it`s quite disappointing really, they want to proceed with the claim at the ammended address.
I want to show that they`ve broken so many guidelines that they shouldn`t be allowed to proceed but I don`t suppose there`s much chance .

[Babynoahsmum]

Hi brooksrein, your case seems very similar to mine https://legalbeagles.info/forums/for...side-judgement I am further through the process than you but mine also has gone statue barred during the time before I was aware of the ccj. I am planning on adding it to my defence along with lack of default notice ect but mines a bit more complicated as from an overdraft so trying to argue when the default actually happened too. Maybe take a look at my thread. I got back all my costs from the set aside hearing.

[Brookstein]

Amethyst this next statement posted to babynoah and copied below completely contradicts the advice you gave me !

`It might not have been statute barred when they obtained The default judgment but now that's been set aside the clock continued running and it is now statute barred ( assuming no payments since default) - and yes the onus is on them to evidence otherwise`.

Can you explain to me please as this is rather important !

[MIKE770]

court action started = statute barred timing on hold,

if the case gets dismissed then Statute barred continues as previously, setting aside only temporary stops the case until a new date

[Babynoahsmum]

But technically speaking has court action actually started if the defendant isn’t aware of it? Because say the claimant served them at an incorrect address (not just an old address)