Johnjojo - Statute Barred set aside CCJ

[Johnjojo]

Help required please.
I recently went to court as i had applied for a ccj to be set aside, the company was lowell who had acquired the debt from 02. The debt was over 12 years old. As i never received a claim form i never had the opportunity to file a defence, which i explained to the judge, my defence was that the debt was statute barred. The judge adjourned the hearing as i need to supply evidence that it is over 12 years ago and for lowells solicitors to supply notice of assignment to them, the judge said that im on the back foot tbh. I explained that i have no evidence of the old 02 account as i had changed banks and companies only keep records for about 6 years. Any advice on this please as im due back in july and really want this ccj set aside.:tinysmile_hmm_t2:
Thankyou.

[Amethyst]

Re: STATUTE BARRED ADVICE Please

Did Lowell put date of default on the claim form?

Did you state what your defence was in your set aside application?

[Johnjojo]

Re: STATUTE BARRED ADVICE Please

Thanks for response amethyst
lowells solicitors sent me a witness statement 2 days prior to the court hearing, nowhere states a default date, i stated that it was statute barred in the N244 application notice after i received the judgement.

[teaboy2]

Re: STATUTE BARRED ADVICE Please

wouldn't a cpr 31.14 (or 16? Don't have time to check) request be of use here, to request CCA, Default Notice, Statement of Account (Annual for last 12 years) and notice and deeds of assignment, be worth trying here? Basically request all the documents they need to both support their initial claim and prove their claim is legally enforceable from Lowells solicitors. If they can not provide a CCA, their initial claim would be unenforacble (meaning set aside must be granted and likely lead to their claim being struck out or them ceasing their claim). Lack of assignement notice and deeds, would question their ownership of the debt and right to enforce said debt.

[Amethyst]

Re: STATUTE BARRED ADVICE Please

Yes it would.

However, we aren't set aside, only adjourned. How much is the claim for?

[teaboy2]

Re: Johnjojo - Statute Barred set aside CCJ

Yeah i know its only adjourned, but it would get OP useful info to help get it set aside, considering the OP can not get proof of last payment on the debt since they changed banks and because of the age of the debt.

[Amethyst]

Re: Johnjojo - Statute Barred set aside CCJ

Part 31.14 - http://www.legalbeagles.info/forums/...ic-information

CCA - not applicable as it's a mobile phone contract debt

Also a SAR to 02 ( I think you have enough time (up to 40 days) but as it's 12 years old it is unlikely they will have anywaything, although may just have some screen notes or something regarding the assignment of the debt)

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam

Subject access request

[Your full name and address and any other details to help identify you and the information you want (like previous address / account references / mobile numbers etc.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example

any screen notes regarding any accounts held by me
any transaction lists of accounts previously or currently held by me
any assignment of any debt owed by me
any other information you may hold on file regarding any account historic or current held by me

If you need any more information from me please let me know as soon as possible. I enclose a cheque for £10 which is the maximum statutory fee you may ask for providing me with this information under the Data Protection Act 1998.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk

Yours faithfully
[Signature]

[Guest]

Re: Johnjojo - Statute Barred set aside CCJ

I don't think you mentioned how recent the judgment is. It is odd that you did not receive a claim, surely the court would have a record of this, was it through the Northampton court ?

What were your grounds for the set aside apart from the SB issue, no LBA, No n1 issued ?

[teaboy2]

Re: Johnjojo - Statute Barred set aside CCJ

Part 31.14 - http://www.legalbeagles.info/forums/...ic-information

CCA - not applicable as it's a mobile phone contract debt

Also a SAR to 02 ( I think you have enough time (up to 40 days) but as it's 12 years old it is unlikely they will have anywaything, although may just have some screen notes or something regarding the assignment of the debt)

Sorry, didn't notice it was a mobile phone debt.

Can still ask for copy of phone contract though.

[Johnjojo]

Re: Johnjojo - Statute Barred set aside CCJ

Hi there,
the judgement was issued in nov 13, for £600
i did state in the set aside application that i had not received a claim form from northampton but my main reason was statute barred.
thanks for your replies i will post the letter today, do they have to reply within 40 days legally?

[Amethyst]

Re: Johnjojo - Statute Barred set aside CCJ

Yes.

Also send the CPR 31.14 letter (amend it to ask for documents mentioned in the original claim form - presumably you have a copy now?) and in their witness statement etc. Basically ask for anything they say they are relying on. That goes to the claimants solicitors.

[Guest]

Re: Johnjojo - Statute Barred set aside CCJ

Hi there,
the judgement was issued in nov 13, for £600
i did state in the set aside application that i had not received a claim form from northampton but my main reason was statute barred.
thanks for your replies i will post the letter today, do they have to reply within 40 days legally?

Yes 40 days, did you move addresses ? were the address details provided on the court document correct ?

[Guest]

Re: Johnjojo - Statute Barred set aside CCJ

Yes.

Also send the CPR 31.14 letter (amend it to ask for documents mentioned in the original claim form - presumably you have a copy now?) and in their witness statement etc. Basically ask for anything they say they are relying on. That goes to the claimants solicitors.

Would this be appropriate ? The case would have been well and truly small claims I would have thought, also post judgement.

[Guest]

Re: Johnjojo - Statute Barred set aside CCJ

Also money laundering regulations state that document should be retained for 5 years after there is the cessation of any contractual or financial involvement, so if they are not available or been distroyed it is a good indication that the account is well towards the SB date at lest.

[Johnjojo]

Re: Johnjojo - Statute Barred set aside CCJ

Hi andy58
the address was correct, but not sure where i lived when took the agreement, i have sent the letter access request and have given all addresses. But cannot remember any account number or mobile numbers:-(