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

[nemesis45]

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

Ok.
I think their statement can be challenged on section 5 as the date the cause of action accrued is the date on which a contractual payment was due and not made after which no further payment was ever made.
Tell the you disagree with their interpretation of the Act.

[wirralguy1976]

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

Hi Nemesis.Many thanks for your reply-i certainly will challenge them on this.I rang chester civil justice centre this morning to query another issue surrounding this whole debacle.I told them that I never received the claim forms in 2011 to mount a defence the woman then mentioned to me something that I overlooked which I must mention.it appears on this issue that I was asked to attend court for questioning on 29th may 2012 @ 10:00 AM.She then told me that this appointment was cancelled by me because I couldnt make it due to my mental health problems and that it was adjourned.fast forward a few years and I have another appointment to attend court for puestioning on 17th feb 2015 @ 10.30 AM. I Would appreciate your advice can I still go for a set aside? Shop direct have already confirmed the last payment.Many Thanks.WG

[Amethyst]

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

The case is Nolan v Devonport - http://www.bailii.org/ew/cases/EWHC/QB/2006/2025.html

The defendant claimed she didnt know about the judgement till 6 years after it was entered. She then waited another year when the claimant was looking to enforce before she made an application to set aside. The defendant's delay was held to be an abuse of process which prejudiced the claimants position.

That argument is basically you must act promptly to apply to set aside the ccj when you find out about it.

So that you were aware of the ccj back in 2012 when you cancelled a hearing will basically mean you cannot now apply to set it aside as it will be deemed an abuse of process.

Therefore you will need to attend the court for your means hearing and sort out an arrangement to pay the CCJ from that point. I don't know if you are still dealing with health issues but you should take evidence if you can of prior issues from when the claim was made and when you found out about it.

[nemesis45]

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

Have to agree with Amethyst on this Wirralguy, it changes the whole picture.
As Amethyst has said you must attend it is a contempt of court not to, make sure you have All the info on your health problems to hand.

[wirralguy1976]

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

The thing is I wasnt aware of the c.c.j I received no claim for at all.the first I heard of this was an appointment to atttend court for questioning in 2012.what about the SB status of the alleged debt?

[wirralguy1976]

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

I am unemployed and I know that they cant apply for an attachment of earnings.whats the worst that can happen? What about a debt relief order?

[nemesis45]

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

I shall have to re read the whole thread to try and unravel what has gone on.
I will get back to you asap.

nem

[wirralguy1976]

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

Thanks nemesis.Atm I feel like I am in shit creek without a paddle.You have all been so helpfull.All I know is that I never received the claim forms in 2011 to mount a defence and like I mentioned the next I heard was an order to attend questioning in 2012 and although I couldnt make it the court told me at the time that another appointment to attend court would be sent to me.i didnt expect it to take two years.i also have to say that shop direct claim the alleged debt was for 'Very' and 'Additions' and I know for a fact I have never had an account with either of these companys and I have stated this fact to Shop Direct.WG

[Amethyst]

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

The thing is I wasnt aware of the c.c.j I received no claim for at all.the first I heard of this was an appointment to atttend court for questioning in 2012

Unfortunately that is going to be the sticking point with getting this set aside. You were aware of the CCJ in 2012 and it is at that point you should have made an application to set aside. Sadly that is how the court will see it. We can try of course but unless you have good medical records which show your health issues prevented you from dealing with this between 2012 and now I can't see you getting very far and it would just be money down the toilet, as well as risking adding further costs to the debt.

If you read the jugdment Nolan v Devonport I posted before, there were delays in that case which were due to the court, and the parties in the case were crtisicised for not pushing the court, so I don't think it helps you that the court have adjourned the case for so long.

You should send a Subject Access Request and a CCA letter to Additions/Very to get hold of any information about any accounts you may have had, as at least that will assist you in knowing whether the debt was ever valid. You have mentioned that Very confirmed your last payment was in 2004 so there must be some records.

[nemesis45]

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

Ok a long read:

Analysis:
1. Last payment confirmed march 2004: [ no payments or acknowledgments in 6 years+ conclusion CC claim was made out of time:]
2. LA 1980 state that no action should commence after 6 years has elapsed from the cause of action: Conclusion CC claim was out of time:

We now have IND with an order for questioning:

1. You cannot bring any matter regarding the claim to bear during the questioning, the court officer cannot advise or comment.

I would suggest that this is a miscarriage of justice, unfair treatment of a vulnerable person.

Amethyst I would much appreciate your opinion please!

nem

Query is known if this questioning is by a CO or by a representative of IND.

[wirralguy1976]

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

Hi nemesis.many thanks for your reply.I feel so depressed atm the strain of all this is starting to take Its toll on me.ind wont even provide me with any documents to prove what they claim about me.ie:that I made a payment within the 6 years prior to the claim they made and I know damn well I havent.and also I never received. He claim forms in 2011 to even to respond to the claim.i have been looking at a screen shot the woman from Shop Direct sent me regarding payments and it does also show the alleged debt was sold on 15th April 2008.

[wirralguy1976]

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

Response from simon inchley.
Dear Mr

I refer to your email addressed to me of 21st December 2014.

For good order, I wanted to acknowledge that I have discussed the matter with IND and it is, as you are aware from their letter of 7th January 2015,being dealt with by them directly. That is the appropriate route in this instance and as such I do not propose to respond to any further correspondence.

Yours sincerely Simon Inchley

[Amethyst]

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

My thoughts, and I'm sorry wirralguy, is that the time for challenging this claim was in 2012 when you were first ordered for questionning as that was the point you knew about the county court claim against you. Without serious medical evidence I don't think the court will entertain a set aside application at this point.

It may be of help if you could post a photo ( remove personal info from it) of the letter / order from the court re questionning.

https://www.justice.gov.uk/courts/pr...part71#IDAEPC2 is the relevant CPR and the 'questionning' will be to complete this form http://www.legalbeagles.info/forums/...1&d=1420817608


This is a bit from Compact Law - it's from the view of the claimant but gives a basic overview.

Oral Examination
This is where your opponent is told to come to court to provide the court with details of his or her Income, Capital and Savings. You can then decide from this information whether they are able to repay the debt.

To apply for an Oral Examination you should get a "Request for Oral Examination" Form from the court. You will have to pay a small court fee when you return the form to the court.

You will need to give details of the amount of money which remains unpaid under the judgment.

The court will serve an Order telling your opponent to come to court - some courts prefer to send an Affidavit, (see Affidavit in Support) or Questionnaire to the opponent to complete first. When your opponent attends court he or she will be questioned by either a District Judge or an officer of the court.

You do not have to be present, but you can be if you wish, you can also write into the court with details of any questions you would like the court to ask your opponent.

The court will take notes of what your opponent says and will send you details if you were not at court.

If your opponent refuses to answer any questions or produce documents you can apply to the court for an Order that he must do so. This is called a "Penal Notice", ask the court to attach it to the Order.

If your opponent still fails to obey the Order they will be in "Contempt of Court" and if the Order has a Penal Notice attached you can apply to the court to commit your opponent to prison for breach of the Order.

If your opponent does not attend court then the court has to fix a new date to give him or her the opportunity to attend. If your opponent asks that you pay their travel expenses for attending court you must pay these not less than 7 days before the Hearing. You must then file a Certificate at court to say either that your opponent has not requested any money or that you have paid it. This Certificate must be filed with the court 4 days before the Hearing.

[wirralguy1976]

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

Thanks amethyst.Whats my best option? Set Aside or Attend court for questioning on 17th Feb??

[Amethyst]

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

My opinion, attend for questioning, take all your financial info and medical records with you and sort out with the claimant and the court arrangement to pay this at a reasonable, and affordable rate. You do not appear to have received the judgment OR the original claim so explain that is why you have not done anything and you were waiting for the court after asking for an adjournment in 2012 to sort it out. If you do decide to try applying for a set aside you must still attend on the 17th Feb.