Urgent Help Needed - CCJ issued and didn't know

[SLS86]

Hi all,

I decided to sign up to Noddle so I could have a nosey at my credit file. I went into the 'public information' section and noticed I have been given a CCJ for the sum of £872 on 16/12/2014!!! It is registered to my old address which I haven't lived at for almost three years.

I have phoned the courts and they have said it's for Littlewoods catalogue who sold it to arrow global who took me to court and won.

I did have a debt with littlewoods in 2007/8 as I went onto maternity leave and was unable to make payments. I have an old credit report which states arrow global defaulted me on 01/12/2008.

Is this grounds to have the CCJ set aside? The fact that The default ended on 01/12/2014 and they then took me to court on 16/12/2014? Surely it was statute barred?

Any help appreciated.

[nemesis45]

Re: Urgent Help Needed - CCJ issued and didn't know

Hi welcome to LB,

You will need to check the date the County Court Claim was Issued, if it was prior to 01/12/14 the 6 year clock stopped on the date of issue.

nem

[SLS86]

Re: Urgent Help Needed - CCJ issued and didn't know

Hi thanks for the reply. Noddle states the CCJ was issued on 16/12/2014.

[nemesis45]

Re: Urgent Help Needed - CCJ issued and didn't know

OK after Littlewoods defaulted the account 01/12/2008 were any payments made to either Littlewoods or AG?
Has this account been removed from your credit files?
You need to be absolutely sure of all these points set aside is not without costs.

nem

[SLS86]

Re: Urgent Help Needed - CCJ issued and didn't know

Absolutely 100% never made any payments to anyone.

Yep, completely removed from credit files.

[Streetwise]

Re: Urgent Help Needed - CCJ issued and didn't know

Hi thanks for the reply. Noddle states the CCJ was issued on 16/12/2014.

You need to check when the claim was ISSUED not the date the county court judgement was issued.

[basa48]

Re: Urgent Help Needed - CCJ issued and didn't know

You need to check when the claim was ISSUED not the date the county court judgement was issued.

Default judgements are normally applied for after 28 days of non acknowledgement / response to a claim.

I have a bad feeling the claim may have been issued a few days before SB.

Edit. Actually I'm misreading that. If the last payment or acknowledgement was 2008 the debt was SB sometime 2013.

Not sure how the CCJ issued after SB may be affected.

Edit2: Sorry Streetwise. My brain fart !! :doh:

Ignore my first edit above. SB would have occurred 6 years after the first missed payment which would normally be sometime before a Default Notice or a default on your credit files. If you can see from your credit files when that was and count the 6years from then.

[nemesis45]

Re: Urgent Help Needed - CCJ issued and didn't know

If the claim was issued when the debt was already statue barred it will have to be set aside.

The first action would be to write to the claimant ( with evidence of the status of the debt) and ask them to
voluntarily get the judgement set aside.

nem

[SLS86]

Re: Urgent Help Needed - CCJ issued and didn't know

I'm still waiting on the paperwork from the court so I will report back when I get it.

Unfortunately I have no idea when the first missed payment was, as the account is no longer on my credit file. It would have been a couple of months before they defaulted me.

I'm in way over my head and have absolutely no idea what I'm doing or what my next move should be, I've never dealt with anything like this Should I go to Citizens Advice?

[nemesis45]

Re: Urgent Help Needed - CCJ issued and didn't know

I don't think that CAB will be able to go further than we have so far.
Lets get the paperwork and decide on the next move then.

nem

[SLS86]

Re: Urgent Help Needed - CCJ issued and didn't know

Hi, received paperwork from court.

Date of issue 11/11/2014
Date of Judgment 16/12/2014

Would the debt be sb'd 6 years from the date of the last payment or from when the original default was issued?

[basa48]

Re: Urgent Help Needed - CCJ issued and didn't know

Well it is normal for defaults to disappear from credit files after the 6th anniversary of the registered default. The default is *normally* registered with the CRAs after 2 or 3 missed payments.

It looks strongly that the debt would have been SBd but you need to try and find out when the first payment was missed. The SB clock starts on the day after a contractual payment was missed and that no other payments or acknowledgement was made.

Issue of Default Notices or default reporting to CRAs has no bearing on SB. It is 6 years from the cause of action which is the first missed contractual payment.

[SLS86]

Re: Urgent Help Needed - CCJ issued and didn't know

Thank you for your help.

How would I go about finding out when my last payment was made? As I have no records what so ever and the account has dropped off my credit file so can no longer see it on there.

Thanks

[basa48]

Re: Urgent Help Needed - CCJ issued and didn't know

How would I go about finding out when my last payment was made? As I have no records what so ever and the account has dropped off my credit file so can no longer see it on there.

Thanks

Other than statements or reminders from Littlewoods or bank statements, I'm not sure.

If you have any letters from Littlewoods or Arrow Global they might give a clue.

Failing that a SAR to Littlewoods might help, but they cost £10 and can take 40 days to reply.

[nemesis45]

Re: Urgent Help Needed - CCJ issued and didn't know

Thank you for your help.

How would I go about finding out when my last payment was made? As I have no records what so ever and the account has dropped off my credit file so can no longer see it on there.

Thanks

SLS,

There is no harm in telephoning the original creditor and Asking when the last payments was made!!

nem