Judgment for claimant...advice please

[Amethyst]

Re: Judgment for claimant...advice please

The form you need for either option is the N244 application ( http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do ) and the EX160 if available from there is you qualify for help with court fees.

This thread has some info on regarding the application http://www.legalbeagles.info/forums/...059#post144059 (it's not completely suitable for your circumstances so we'll need to work on it )

You can get an IE form from nedcab - link in the main forum side bar.

[FlamingParrot]

Re: Judgment for claimant...advice please

Update, the credit file is showing default date: August 2011 for some reason, I know I stopped paying in 2006 roughly! Thanks for all the replies, so seems I must pay this debt, would anyone be good enough to tell me if I ring the courts & request a form or do I print one from computer & mail it to them, cheers

I don't see how you arrived to the conclusion that you "must pay this debt" from the bits I've highlighted, you say you STOPPED PAYING in 2006, even if it had been early/mid 2007, you'd still be looking at SBd. The guidance states defaults should be recorded within 3 to 6 months of the first missed payment, HOWEVER, creditors don't always do that. I do know of someone who had a default recorded in 2011 for a debt defaulted on years earlier. The credit files are not a good indication of whether a debt is SBd or not. If it was me, I'd rather make triple-sure before applying to the court for a redetermination. I wouldn't want to be paying a SBd debt! :nono: Unless you REALLY think you were paying as late as 2011... :noidea:

If you apply for a set aside and your application fails, you can still apply for a redetermination and submit an I&E form with your monthly offer.

You can get an IE form from nedcab - link in the main forum side bar.

This is the link: http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

[carts69]

Re: Judgment for claimant...advice please

Maybe I have not read the credit file correctly or its not telling the full story, I know for a fact that I have not made a payment for this debt for a least 6 years, I have never responded to any of the DCAs letters that have been sent over the years, really not sure where I go from here, don't have a great deal of time to dilly dally around with this CCJ on my desk, how can I find out for sure & quickly if this really is a SB debt, do the DCAs have to prove its not SB before they can file a claim?

[Gorang]

Re: Judgment for claimant...advice please

Maybe I have not read the credit file correctly or its not telling the full story, Financial orgs have been/ARE known for recording info that is not quite correct so it is probable its NOT telling you the full story

I know for a fact that I have not made a payment for this debt for a least 6 years,
Good as this means it should be statute barred then, therefor gives you a complete defence to use IF you get the CCJ set aside

I have never responded to any of the DCAs letters that have been sent over the years, really not sure where I go from here, 2 options,
1st option, Find out for sure IF it is statute barred IF it is then apply for set aside, and once set aside is granted then fully defend the claim with Statute barred defence
2nd option, (sorry to be so blunt here) pay the debt in either instalments or a lump sum

don't have a great deal of time to dilly dally around with this CCJ on my desk,
How long does it take to type up a few letters and print them off and what is the benefits if it all pays off and you find for sure that it IS statute Barred

how can I find out for sure & quickly if this really is a SB debt,
send SAR to original creditor as FP advised in post 27

do the DCAs have to prove its not SB before they can file a claim?
NO it is up to you to prove via a your defence that the debt is statute barred, NOT the claimant, it is up to the claimant to prove the debt is NOT statute barred, and they are NOT going to manage that IF the debt IS statute barred

Personally if it was me I would (but this is only me)

send a SAR FIRST to find out for sure if it is statue barred (as there is NOTHING to lose with this except a tenner)
If it IS statute barred
work on a GOOD reason to have the judgement set aside
If it gets set aside
FULLY defend the claim using Statue Barred defence as this is a COMPLETE defence so judgement gets OVERTURNED as even a court can not unbar a statute Barred debt

The decision is entirely yours of what you want to do

Fight it and have a good chance of NOT having to pay this
or
Just Pay it

Biggest hurdle you have to fight it is
Find out for sure if its statute barred (easily found out with one SAR request letter and poss a reminder letter to original creditor)
coming up with a GOOD reason to have it set aside (this will be the BIGGEST hurdle)

(If it turns out NOT to be statute barred then there will be NO point in trying to get it set aside)

once its set aside then its plain sailing to, no more debt to pay as it CAN'T be enforced

But Like I said it is up to you

Please let us know which way you decide to go as we can and will help you no matter which way you go

[carts69]

Re: Judgment for claimant...advice please

Many thanks Gordon for the advice, yes going with a SAR seems to make sense. I have found a template letter to send but who do I post it to.. Capquest or Optima legal services,who are dealing with it for them, then I enclose a £10 postal order correct?

[Gorang]

Re: Judgment for claimant...advice please

yes going with a SAR seems to make sense.

I think so as you have not a lot if anything too lose by sending the SAR and it could prove fruitful for you

but who do I post it to..

The original creditor, as they are the only ones that will have all of the info NOT ones who has bought the debt

Halifax i borrowed from but on the claim for it stated LLoyds banking group, which I have never borrowed from!

so by the looks of your first post then it will be Halifax you will need to send it to


FP Did say that

Hi and welcome!

Halifax is part of the Lloyds banking group: http://www.lloydsbankinggroup-career...p-halifax.html

but I suspect it will still have to be Halifax that you need to sent the SAR to

[carts69]

Re: Judgment for claimant...advice please

Any ideas who I would address it to, also do I just send a £10 postal order recorded delivery with the SAR, what about signing it, some say don't sign or sign with 2 lines through signature?

[carts69]

Re: Judgment for claimant...advice please

Ok...here is an update on my situation, I have applied for this to be set aside & awaiting the out come, I have sent off for my sar & had a reply confirming they have received it & it will be sent to me in the next couple of weeks, in the mean time...if im lucky on getting it set aside & have not received my sar back with the results of the SB or not, what can I put on the claim form to defend myself? What info exactly does the dca hold on me to back up their claim regarding this debt, what do they need to produce to the courts to start the process against me? Any advice please would be great, do they need to prove the debt is still live ie not SB

[FlamingParrot]

Re: Judgment for claimant...advice please

Ok...here is an update on my situation, I have applied for this to be set aside & awaiting the out come, I have sent off for my sar & had a reply confirming they have received it & it will be sent to me in the next couple of weeks, in the mean time...if im lucky on getting it set aside & have not received my sar back with the results of the SB or not, what can I put on the claim form to defend myself?

Did you submit an N244 application for set aside? What claim form are you referring to?

What info exactly does the dca hold on me to back up their claim regarding this debt, what do they need to produce to the courts to start the process against me? Any advice please would be great, do they need to prove the debt is still live ie not SB

If you put in a defence of SB, then the onus is on them to prove it's not, for example, by showing a payment was made less than six years before proceedings were issued. :thumb: