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Good evening,
I am looking for some advice on how to go about setting aside a ccj (Feb 2018) on the basis that the debt related to it was statute barred at the time.
I took out a car finance in 2008 at my previous address with Park motor finance. I paid some but eventually went into arrears and ended up defaulting. I moved to new address in 2011 and made no further payments, the debt appears to have been sold to bluestone credit management then maybe sold again to cabot finance as these are the ones who ultimately filed a ccj against me feb 2018 Mortimer Clarke have been chasing me for the money since, attempted to do attachment to earnings but this didn't work as I am self employed. Since then I had started to pay (NOV 2019) some to mortimer and clarke. (300 of 8k debt). This stopped in FEB 2020 when I went into hospital again as I didn't have the money and haven't paid anything since due to lack of work with the lockdowns in place.
I don't dispute the debt however, on looking into my creditfile which I've never really done, I realised (after finding out on thia forum) that the debt should have been statute barred at the time ccjj was issued and had i defended the case i would have been able to do so on those grounds.
Now onto that, in the months before ccj was issued I was really ill as i have crohns disease, I had lost loads of weight and was rushed into hospital with septicaemia, only to discover I had a perforation of the bowel and needed emergency surgery to have part of this removed. I was in hospital for 5 weeks and then at home recovering for a further 5 months but before I was finally well enough to return to work. I don't remember receiving the letter regarding court action but to be fair thatbwould have been thr last thing on my mind.
Would this be a good enough excuse for a defence or would It be deemed that I should have been able to defend regardless.
Just to add i was living with my mother at a different address to where the papers would have been served at the time i was ill. Probably have letters around that date with my name and mothers address on. Could I argue that I may not have received them due to this and also due to the fact I was ill and even if I had, this would be a good enough reason for not being able to attend/defend anyway?
Finally I would like to add that the reason for the delay in attempting to get this set aside would be due to the fact I have not long discovered this on my cresit file so only became aware it may be statue barred after further investigation. So basically wouldnt have been aware of my legal rights at the time anyway.
I have sent an SAR to mortimer and Clarke as i know there will be no record of any payments or written contact in the six years prior to ccj, unless they have added a bogus payment on there.
Would they have access to my payment history for 6 years prior ccj considering there client cabot financial dis not own the debr that long?
Would really appreciate some advice and would like to know if i have a chance of getting this removed and also what step to take next now i have received a response from sar request asking for more info due to security.
Many thanks.
David.
I am looking for some advice on how to go about setting aside a ccj (Feb 2018) on the basis that the debt related to it was statute barred at the time.
I took out a car finance in 2008 at my previous address with Park motor finance. I paid some but eventually went into arrears and ended up defaulting. I moved to new address in 2011 and made no further payments, the debt appears to have been sold to bluestone credit management then maybe sold again to cabot finance as these are the ones who ultimately filed a ccj against me feb 2018 Mortimer Clarke have been chasing me for the money since, attempted to do attachment to earnings but this didn't work as I am self employed. Since then I had started to pay (NOV 2019) some to mortimer and clarke. (300 of 8k debt). This stopped in FEB 2020 when I went into hospital again as I didn't have the money and haven't paid anything since due to lack of work with the lockdowns in place.
I don't dispute the debt however, on looking into my creditfile which I've never really done, I realised (after finding out on thia forum) that the debt should have been statute barred at the time ccjj was issued and had i defended the case i would have been able to do so on those grounds.
Now onto that, in the months before ccj was issued I was really ill as i have crohns disease, I had lost loads of weight and was rushed into hospital with septicaemia, only to discover I had a perforation of the bowel and needed emergency surgery to have part of this removed. I was in hospital for 5 weeks and then at home recovering for a further 5 months but before I was finally well enough to return to work. I don't remember receiving the letter regarding court action but to be fair thatbwould have been thr last thing on my mind.
Would this be a good enough excuse for a defence or would It be deemed that I should have been able to defend regardless.
Just to add i was living with my mother at a different address to where the papers would have been served at the time i was ill. Probably have letters around that date with my name and mothers address on. Could I argue that I may not have received them due to this and also due to the fact I was ill and even if I had, this would be a good enough reason for not being able to attend/defend anyway?
Finally I would like to add that the reason for the delay in attempting to get this set aside would be due to the fact I have not long discovered this on my cresit file so only became aware it may be statue barred after further investigation. So basically wouldnt have been aware of my legal rights at the time anyway.
I have sent an SAR to mortimer and Clarke as i know there will be no record of any payments or written contact in the six years prior to ccj, unless they have added a bogus payment on there.
Would they have access to my payment history for 6 years prior ccj considering there client cabot financial dis not own the debr that long?
Would really appreciate some advice and would like to know if i have a chance of getting this removed and also what step to take next now i have received a response from sar request asking for more info due to security.
Many thanks.
David.
