** sorted ** C.C.J issued by default on Statute Barred Debt-help please.

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Thank Amethyst and Thanks Nemesis.Do I send the CCA request to I.N.D or Shop Direct? I cant actually believe thad ind are claiming I made a payment in the 6 years and I know quite well that I havent!! I just want an end to all of this as its not helping my mental state already have depression and anxiety issues and a lot of sleepless nights recently.i dont have a computer or BB so am relying on my phone to gain information you have all been fantastic and I cant thankyou enough.

[seduraed]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Sorry to butt in but if the debt is unenforcable or is withdrawn has the SB clock still been reset.

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Responding to PMIt appears that this debt was statute barred when the claim was issued, this is the contention and belief of Wirralguy.

It will not be the first time a " mystery" payment has been applied to an old account in an attempt to collect on a statute barred debt.

I can f you wish draft a letter for you WG to see if we can get this sorted.#nem.

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Hi Nemesis.yes I would be very greatful if you could draft a letter for me.many thanks.much appreciated.

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Going to read through all of the thread again this evening and draft something during tomorrow, if there is anything more we can use please post it here.
nem

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

OK Let's get to the top man!!
simon.inchley@greshampe.com e-mail and signed for post to IND.

Date.......
Ref: use theirs.
Re: County Court Judgement.
Formal Complaint.


Dear Mr Inchley

I refer to correspondence between IND and myself regarding an alleged originating from a account with xxxxxxxxxxx, upon which IND has a county court judgement by default dated xx.xx xxxx .
I attach copies of all correspondence for ease of reference.

(this part needs you to fill in the detail.
The last payment on this account was made on xx.xx.xxxx after which no further payments were made To Any Party in regard to this
account, it is my contention that this claim was started ( give dates) which means that the alleged debt was Statute Barred when the claim was issued.

I also contend that IND caused the claim documents to be delivered a to a previous residence of mine so as to obtain a judgement by default.

However IND in a letter dated xx.xx xxxx alleged that the debt is not statute barred as a payment was made within the relevant 6 year period this assertion is denied.

IND has failed to provide any unequivocal proof of any such payment and as stated the claim is totally denied.

This Formal Complaint requires Gresham PE to fully investigate the conduct of its subsidiary company IND and respond within 56 days from the date hereon.
I reserve the right to apply to the court to have the default judgement set aside after which I shall seek financial redress for the stress and the damage caused to my financial status by the judgement.
This is a draft for you to amend to suit where ever you feel necessary.

Please let me know if I you need further help.

nem

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Hi Nemesis.Many thanks for the draft letter.Should I also add that I never received the court papers? I will email the guy with the draft letter and add the dates which I mentioned earlier in the thread.Thanks again.I will let you know the outcome.lastly should I email i.n.d and ask them to prove I made a payment in the 6 years?

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Hi.Had another email off Shop direct and they have confirmed a new final payment date of 9th march 2004.also emailed inchley too.

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Folks I am really struggling with completing the set aside form and the forms that have to be submitted with the n244 the witness statement and other two forms.i dont have any BB only my phone to use.Its all getthng on top of me.I would appreciate any help.Many thanks.WG

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Good morning wirralguy,
New last payment date is still prior to issue of the court claim??

Your witness / statement of truth can be a simple and concise statement of the facts it does not need embellishment.

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Good Morning Nemesis.Yes the email from Shop Direct does confirm an earlier last payment date of 9th march 2004.claim was made on 9th august 2011 and default judgement on 3st august 2011.I will have another go at the witness/statement of truth(its frustrating having to use a phone) should I contact ind and ask them to consent to a set aside or would the court do that once the forms are returned by me? I just want it all sorted.You have been very helpfull all of you.Thanks again.WG

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Good Morning Nemesis.Yes Shop Direct have emailed me with an earlier last payment date of 9th march 2004.claim was issued on 9th august 2011 and default judgement on 31st august 2011.i will have another go at the witness/statement of truth(its very frustrating using a phone-big hands and all that) should I email ind and ask them to consent to a set aside or would the court do that once I have returned the forms? Many Thanks.WG

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

As well as the app to set aside.

A " personal" letter to Simon Inchley along the lines of:

Mr Simon Inchley
Chief Executive Officer.
( IND)
Gresham Private Equity.

Date:

Private & Confidential:

Notice of Intended Legal Action:

Ref: CC Claim No.xxxxxxxxxxxxxxxx: Claimant IND:
Add any other references for Ind you may have:

Dear Mr Inchley,

I refer you to the above mentioned County Court Claim and Judgement made in favour of IND on xx xx xxxx in the sum of £ xxxx.xx.

I have had cause to research my credit history in particular regarding the court action initiated by IND in this matter, in which IND gained a judgement by default.

Please take note that I intend to apply to the court for an order to have this judgement set aside.

My defence in this matter is that the alleged debt was Statute Barred on the date the court claim was issued.

I would respectfully suggest that you instruct your legal department to apply to the court to have this judgement quashed in order to save court time and further costs.

It would appear that IND was fully aware that the alleged debt was statute barred when the claim was issued.

Consequently my credit profile has been unreasonably compromised by the conduct of IND in regard to this matter.
I would further request that IND should remove All derogatory data from all credit reference files and immediately inform the
the court that all public information regarding the flawed judgement is removed from the records.
I am also considering what further action I will take regarding the conduct of IND and what level of redress I should seek.

I am allowing 14 days from the date hereon for your response after which I shall apply to the court for the judgement to be set aside, this will of course be granted as the statute barred status of the alleged debt is a complete defence and I will seek an order for all costs involved.

Amend as you wish.


Come back if you need further help.
nem

Send by signed for post and check date received.

[wirralguy1976]

Re: C.C.J issued by default on Statute Barred Debt-help please.

Hi nemesis and all of you.Just to let you all know that I have received two replys from those darlings i.n.d.i emailed them asking them to provide strict proof of any payment they claim I made in the 6 years prior to them issuing a claim they quote 'please note as the claimant holds judgement against you there is no requirement to provide you with the documents under s78 of the cca 1974'.
Next is this little beaut.'As previously stated the debt is not statute barred.We refer to s6 of the limitations act 1980.The relevant period of 6 years runs from the date of cause of action.The cause of action being the date that a demand was made in writing for repayment of the debt.We can confirm that the demand,Notice of Default,was dated 4th september 2006.As the claim was issued on 9th august 2011-the debt was not statute barred'.Then they reckon any set aside I make would be an abuse of process as set out in nolan vs devenport.I never received any forms in 2011 to even defend this.Shop direct have already confirmed the final payment date of 9th march 2004.any advice would be welcome.thanks.

[nemesis45]

Re: C.C.J issued by default on Statute Barred Debt-help please.

The cause of action in cases of simple contract is the actual permanent cessation of contractual payments the default being place is the resulting action.
I'm going to look at sec 6 LA will be back.