** 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.

I am actually on E.S.A and in the Support Group.I dont know how they except me to pay this alleged debt when the alleged debt was Statute Barred when they issued a claim against me(a claim I didnt even receive).If I do go to court on the 17th feb I certainly wont be offering to pay anything or agreeing to pay anything.I feel that a bunch of debt spivs(ind)are trying to royally stich me up!!

[Amethyst]

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

If you have a look through the EX140 that I posted earlier you will see the kinds of questions you will be being asked to give information on about your financial circumstances.

We can look at a set aside application - it is likely you would be eligible for fee remission so may not have to pay the £155 court fee for filing the application - but if you lost it could result in more costs being added to the judgment debt.

To look at the set aside we need to know a lot more information about what happened between getting the order for questionning in 2012 up to when you posted this thread following the summons for the 17th Feb.

[wirralguy1976]

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

Hi Amethyst.with regards to looking at a set aside what information would you require? Thanks.WG

[Amethyst]

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

Basically you will have to explain to the court ( and have a damn good reason) why you didn't apply to set aside the CCJ when you found out about it in 2012.

[wirralguy1976]

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

All I can remember in 2012 is being unable to attend court for questioning because I was having suicidal thoughts(over an issue in my private life) and my mental health problems too-i didnt know anything about 'set asides' and 'statute barred' back in 2012.the court woman in 2012 did say that another appointment would be sent out to me to attend court for questioning and the appointment on 17th feb is that appointment.its only recently thjt I found out the alleged debt is statute barred.i feetl that a misscarriage of justice is taking place and whatever happens on the 17th feb is that I am not paying a penny nor am I going to offer a penny.worst thing they can do is send a bailiff round to my flat well I got nowt and he or she aint hetting in my flat.i am stressed out beyond belief.

[wirralguy1976]

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

I need help with the wording of my witness statement-is there anybody that could help me? I am hopeless with this type of matter.I would appreciate any help.Many thanks.WG

[Kati]

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

Someone will be along soon WG ... in the meantime please try not to worry (easier said than done, I know )

[nemesis45]

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

Hello WG start off by doing a skeleton of the points you want to make in your statement.
Take a look round other threads and you will be able to see what is needed.
nem

[wirralguy1976]

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

Thanks kati and Thanks nemesis.I am shitting it tbh I feel like I am being stitched up by i.n.d and I cant and wont allow that.The alleged was long SB before they even decided to issue a claim and they wont even listen to me.Without your help and advice my knowledge on this would be pretty non-existent so I thankyou all for empowering me with enough self belief to challenge a total miscarriage.WG

[wirralguy1976]

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

Folks just a quick one.When I emailed i.n.d and asked them for strict proof of there claim that I had made a payment in the 6 years prior to the claim why would they refuse such a request? Could it be that they have no proof? Hence them now saying that the alleged debt is not SB because of a cause of action date from september 2006.also I have not made it known to ind that shop direct have provided me with a final payment date of 9th march 2004.would appreciate your thoughts.many thanks.WG

[nemesis45]

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

They are trying it on!! The COA is the cessation of payments.

[wirralguy1976]

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

Thanks nemesis.shop direct sold the alleged debt in april 2008.ind claim a c.o.a from september 2006 as the reason the alleged is not SB-prior to this ind told me in a letter that a payment was made in the 6 years prior to the claim making the alleged debt not SB(But when I emailed ind asking them for strict proof of the payment in the 6 years prior to the claim ind refused claiming that as they had a c.c.j it excluded them from having to provide proof) and just to add more ingridients to the fish pie....Shop Direct confirmed the final payment date of 9th march 2004!! I think a S.A.R is going to be sent to either Shop Direct or ind.what are your thoughts on this? Do you think I could win a set aside? Thanks.WG

[nemesis45]

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

Responding to PM.

Good new WG I hope this investigation gets to the bottom of this.
Seen more of AG "acting reasonably" this week.

nem

[wirralguy1976]

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

Just to give you all an update. Just to give you an update.As you know I had an issue with an alleged debt that a default c.c.j had been given against me which I believed was SB before the claim was issued.Complained to I.N.D and got a bullish response from them so I then complained to AG.They investigated my complaint and have just got back to me with a long letter/response.They are closing the account with immediate effect.They have sent me a consent form and once they receive it back they are going to apply to have the c.c.j set aside with the claim dismissed and no order for costs.Never give up folks.Thankyou all for all of your advice its much appreciated.WG

[FlamingParrot]

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

Just to give you all an update. Just to give you an update.As you know I had an issue with an alleged debt that a default c.c.j had been given against me which I believed was SB before the claim was issued.Complained to I.N.D and got a bullish response from them so I then complained to AG.They investigated my complaint and have just got back to me with a long letter/response.They are closing the account with immediate effect.They have sent me a consent form and once they receive it back they are going to apply to have the c.c.j set aside with the claim dismissed and no order for costs.Never give up folks.Thankyou all for all of your advice its much appreciated.WG

Excellent news!!! :whoo: :whoo: :whoo:

Well done! Shows it pays to persevere! :high5: