Set aside / statute barring

[offdownsouth]

Hello everyone - newbie here.

I think I posted this in the wrong thread - apologies for that - hopefully this one is the right one.

If there have been no payments made to, or any contact with, a credit card since circa 2008 / 2009 and a County Court Claim for £11,000 was issued 5 years later to an address that you haven't lived at for 4 or 5 years (and by definition a Default Judgement granted as it was unable to be defended as it was not known about), my first question is 1) can a set-aside be applied for now i.e. 4 or 5 years after the Judgement date and 2) if a set-aside is granted, does that reset the Statute Barred clock, and if so, 3) does it reset it back to 2008 or when the Judgement was made.

Thanks in advance.

ODS

[jaguarsuk]

Hello everyone - newbie here.

I think I posted this in the wrong thread - apologies for that - hopefully this one is the right one.

If there have been no payments made to, or any contact with, a credit card since circa 2008 / 2009 and a County Court Claim for £11,000 was issued 5 years later to an address that you haven't lived at for 4 or 5 years (and by definition a Default Judgement granted as it was unable to be defended as it was not known about), my first question is 1) can a set-aside be applied for now i.e. 4 or 5 years after the Judgement date and 2) if a set-aside is granted, does that reset the Statute Barred clock, and if so, 3) does it reset it back to 2008 or when the Judgement was made.

Thanks in advance.

ODS

If you have just found out about a default CCJ at an old address you can apply to set aside the judgement.

The Stat Barred clock stopped when the claimtn filed the claim and remains stopped until it is defeated, if it is defeated.

[Debt Camel]

1) can a set-aside be applied for now i.e. 4 or 5 years after the Judgement date

yes if you have only just found out about the CCJ. Set-asides need to be applied for promptly once you become aware of the CCJ

2) if a set-aside is granted, does that reset the Statute Barred clock,

The statute barred clock stopped when the claim was made. It sounds as though the debt would not have been statute barred at that point. Do you have a different defence to the claim as statute barred will not work?

If you don't have a good defence, then you should think hard about whether setting aside the judgment is a good idea. That one will be disappearing from your credit record this year or next year. It would be a bad mistake to swap that for a brand new CCJ on your credit record.