CCJ statue barred

**nemesis45** · 14th January 2018, 17:25:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

Hi. I could really do with some advice. In 2015 I received a CCJ from Northampton County court for a debt from 2006. This debt was from Lowell and was for £450. At the time I did not realise that this
was statue barred as I have had no contact with them in 9 years.

During the last year Myself and my partner have been saving for a mortgage and have now raised a good deposit but we can not get a mortgage due to my CCJ. In September 2017 I paid off my CCJ hoping that this would support me in getting a mortgage. This has proven to be unsuccessful as I have been informed by several mortgage providers that the CCJ needs to be satisfied by at least a year. After doing some research this evening I have now realised that the CCJ was statue barred and was wondering if there is anything I can do to get it set aside?

I would really appreciate any advise
many thanks
April

Hi,

Statute barred, simple terms no payments/offers in 6 clear years (start of 6 year period varies with type of account/contract. + no unequivocal writte acknowledgement of the debt in the relevant year period.
Bear In mind also that the 6 year clock stops on the date a claim is issued.

If you can prove the debt was stat barred before the claim was issued then you could apply for it to be set aside and as it is paid of in full removed from the registry of judgements.

Check all your dates very carefully.

Lowell may be persuaded to set aside with consent (cheaper).

nem

**Diana M** · 14th January 2018, 18:30:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

In 2015 I received a CCJ from Northampton County court for a debt from 2006. This debt was from Lowell and was for £450. At the time I did not realise that this
was statue barred as I have had no contact with them in 9 years.

May I ask why and/or how you got the CCJ?

You say it was from Northampton County Court so was it a Default Judgment (because you didn't file the Acknowledgement of Service or Defence by the deadline) ?

Or did you file an Admission of the claim which resulted in a CCJ?

Or did you file a Defence but perhaps made another legal procedural error such as returned your Directions Questionnaire late so were sanctioned by having your Defence struck out?

Or was the the CCJ the result of a Trial Judge's decision (on the off chance that Northampton County Court is your local court)?

Or did you never receive the claim form because it was served on an address where you weren't living at the time and you have evidence that the Claimant should have known that?

If your answer to my last question is "Yes" then that's likely to be the only way you could get this CCJ set aside.

Di

**Aprilc2002** · 14th January 2018, 19:02:PM

Re: CCJ statue barred

Hi thanks for your reply
In 2006 my debt from a catalogue was sold on to Lowell. I have had no contact with them and the first I new about the CCj was in 2015 when I received a letter from Northampton county court explaining I have been issued with a ccj due to no payment
and to contact Lowell solicitors to pay it off. I then set up a direct debit with Lowell which I paid for about 4 months. The direct debit was then cancelled and I paid he remanding balance off in 2017. My issue about this is that I have no contact from 2006 to 2015
hope you can help
thank you
april

**Aprilc2002** · 14th January 2018, 19:25:PM

Re: CCJ statue barred

Hi thank you for your reply
I have checked my Lowell account online for payments and it only dates back to 2015. The earliest details on there is for a court claim fee, solicitors fixed claim cost, claim interest (October 2015) and judgement by admissions solicitor cost (November 2015). I have emailed Lowell to provided my with details of my account from 2006 to 2015 as they are not present on my account. Can they refuse to provide me with these details
hope you can help
thanks
april

**Diana M** · 14th January 2018, 19:27:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

first I new about the CCj was in 2015 when I received a letter from Northampton county court explaining I have been issued with a ccj due to no payment
and to contact Lowell solicitors to pay it off. I then set up a direct debit with Lowell which I paid for about 4 months. The direct debit was then cancelled and I paid he remanding balance off in 2017.

Can you clarify something because people often refer to getting a CCJ (county court judgment) when they got a claim form.

Did you receive a claim form or did you receive a Default Judgment (CCJ) or both?

The issue of the debt being Statute Barred (or not) at the time of the CCJ (or more accurately at the time the claim was issued because that would be the Cause of Action for SB purposes) may not be relevant unless there was some irregularity with the way the claim was issued if you're looking at a set aside.

Sadly, and annoyingly, you can't have a second bite at the cherry when you discover later that you didn't plead a legal argument which you could have done at the time if only you had known about it.

Did you admit the claim and then agree with Lowells to make payments by direct debit? Or did you get a CCJ and then agreed to pay them by direct debit etc?

How did you get the CCJ?

In order to give you accurate advice the legal (procedural) facts need to be established first.

Di

**Aprilc2002** · 14th January 2018, 19:40:PM

Re: CCJ statue barred

Hi thanks for your reply. I didn't start paying any money to lowells for this debt until after I had been issued with a CCj. I got the ccj and then I agreed to pay direct debit
hope you can help
april

**Diana M** · 14th January 2018, 19:46:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

I didn't start paying any money to lowells for this debt until after I had been issued with a CCj. I got the ccj and then I agreed to pay direct debit

Okay so how and why did you get the CCJ?

Did you receive the claim form?

Did you file an Acknowledgement of Service?

Did you file an Admission?

Did you file a Defence?

Did you receive the CCJ (Default Judgment or as a result of an Admission)?

Was there any enforcement action attempted after you stopped paying the direct debt (such as bailiffs or an Attachment of Earnings Application/Order)?

Your answers will give the information needed to advise whether you have any hope of getting the CCJ set aside.

At the moment I can't see any reason for Lowells to consent to a set aside.

Di

**Aprilc2002** · 14th January 2018, 20:03:PM

Re: CCJ statue barred

Thanks for you reply. I don't really understand the questions you are asking. I received the claim form but ignored it thinking it wasn't genuine as it had been 9 years. I have never filed an acknowledgment of service, admission or defence. After I stopped paying the direct debit I did receive a letter in 2017 stating that enforcement action may be taken. I then paid the remainding balance
thanks for your advice
april

**Diana M** · 14th January 2018, 20:14:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

I received the claim form but ignored it thinking it wasn't genuine as it had been 9 years. I have never filed an acknowledgment of service, admission or defence. After I stopped paying the direct debit I did receive a letter in 2017 stating that enforcement action may be taken. I then paid the remainding balance

If you received the claim form but didn't respond (so you got the CCJ) and then went on to pay Lowells then I can't see how a court would be willing to set it aside three years later.

A set aside has to be made promptly once the Judgment Debtor is aware of it.

I wish I could say something more positive.

Di

**Aprilc2002** · 14th January 2018, 20:18:PM

Re: CCJ statue barred

Originally posted by Diana M View Post

Okay so how and why did you get the CCJ?

Did you receive the claim form?

Did you file an Acknowledgement of Service?

Did you file an Admission?

Did you file a Defence?

Did you receive the CCJ (Default Judgment or as a result of an Admission)?

Was there any enforcement action attempted after you stopped paying the direct debt (such as bailiffs or an Attachment of Earnings Application/Order)?

Your answers will give the information needed to advise whether you have any hope of getting the CCJ set aside.

At the moment I can't see any reason for Lowells to consent to a set aside.

Di

I have checked my account online and this is my statement. It only dates back to 2015

- - - Updated - - -

Originally posted by Diana M View Post

If you received the claim form but didn't respond (so you got the CCJ) and then went on to pay Lowells then I can't see how a court would be willing to set it aside three years later.

A set aside has to be made promptly once the Judgment Debtor is aware of it.

I wish I could say something more positive.

Di

ok thank you very much for your advise
april

**Diana M** · 14th January 2018, 20:49:PM

Re: CCJ statue barred

Originally posted by nemesis45 View Post

If you can prove the debt was stat barred before the claim was issued then you could apply for it to be set aside

. . . . Lowell may be persuaded to set aside with consent (cheaper).

nem

Why would Lowells agree to consent to a set aside?

A set aside may remove the CCJ but the claim/case only reverts back to where it was before the CCJ was granted so the Defendant has the opportunity to defend it.

If the debt was Statute Barred before the claim was issued then that would be an absolute Defence meaning Lowells' claim would be dismissed if/when it went to Trial.

If that were to be the case then they (Lowells) would have to refund the OP what they'd paid plus legal and court costs.

That's not a scenario that would be attractive to a firm of solicitors or their client especially since they have already banked the money paid by the OP.

Di

**Diana M** · 14th January 2018, 21:06:PM

Re: CCJ statue barred

Originally posted by Aprilc2002 View Post

In 2015 I received a CCJ . . . . .

During the last year Myself and my partner have been saving for a mortgage and have now raised a good deposit but we can not get a mortgage due to my CCJ. In September 2017 I paid off my CCJ hoping that this would support me in getting a mortgage. This has proven to be unsuccessful as I have been informed by several mortgage providers that the CCJ needs to be satisfied by at least a year.

The reason you want shot of this CCJ is because it's impacting on you and your partner's mortgage options. You say a broker has told you there needs to be at least a year from when the CCJ was satisfied before you can get a decent mortgage deal.

Is your partner able to get a mortgage in his own right or would that be dependant on both your incomes? You've not said that they have any negative credit history but perhaps the income multiples wouldn't work.

I can see how it's so frustrating all over a £450 debt which has been paid!

Di

**Aprilc2002** · 14th January 2018, 22:19:PM

Re: CCJ statue barred

Hi yes it is so frustrating. I wish I had just paid it off in full at the time or tried to get it set aside (if only I knew!) I think that is what we are going to, try in my partners name. He does have good credit but he is self employed. We have a meeting with a mortgage advisor next week so hopefully it will be good news
thanks for your help

CCJ statue barred