jojo v Sigma - set aside

[jojo03]

Would I have a good case to set aside if I did not inform of my new address because the debt was statute barred?
Would I have been responsible for informing them that it had become statute barred in 2011?
My CJ was applied (unknowingly) in 2013.

Thanks!

[nemesis45]

Re: CCJ by default? Set Aside application notes

The circumstances here do not alter the fact that the debt was allegedly statute barred when
the claim was issued.

I suggest a letter to the claimant showing proof that the debt was SB at the times, and " suggesting" that given this information the claimant sets aside the judgement as a " gesture of good will".

nem

[jojo03]

Re: CCJ by default? Set Aside application notes

Thanks Nem, I will get one typed up. What would be suitable proof? I am going by what is shown on my credit report at the moment and know I never made a single payment.

[jojo03]

Re: CCJ by default? Set Aside application notes

Here is what I've written, could you let me know if it is good to go?

RE: Northampton Case No. 3Q*****, registered under previous address (XXXXX, XXXXX)

Dear Sirs,

I am writing to request that you set aside the above mentioned CCJ which was filed against me unknowingly in July 2013. I did not receive any paperwork with regards to the claim and it was filed under a previous address. Had I have received the paperwork, I’d have defended the claim in full.

I would point out that under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over 8 years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, I suggest that you were not within right to take any court action against me to recover the alleged amount claimed.

I note that when the claim was issued in 2013, the debt was already 1 year passed statute barred. I therefore suggest that you set aside as a gesture of goodwill.
My credit report proves the debt dates back to 11 Aug '06 where the case was opened with an initial balance of £192.

Should you refuse to set aside, I will be taking this further through court.


Yours faithfully,

[nemesis45]

Re: CCJ by default? Set Aside application notes

Where are you intending to send this?
At the moment you have a set aside application, then notes on limitations
are you claiming the debt was SB prior to the claim being issued?
You must get this in some logical and clear format.

e.g.

I refer to County Court Claim No.............................: Dated:.............................: Judgement Dated:................................:

Defendant:....................................:

1. The claim was issued to and address at which I was not resident at that time. ( specify address).

2. The Claim would have been robustly defended had I received the claim document.

3. I aver that the alleged debt was statute barred under section 5 of the limitations act 1980.

4. The claim was issued at a point when the alleged was already statute barred.

5. To support the above I state that:

5.(a) The alleged debt became statute barred on date.......................:
(b) No payment or unequivocal written acknowledge acknowledgment
of the alleged debt had been made in the 6 year period prior top the
issue of the claim.
6. I respectfully request that ( name of claimant) sets aside the judgement of its own volition
in the interest of saving court time and addition costs.

7. Documentary evidence regarding the status of the alleged debt is attached as Annexe 1.

If you want to add a " covering " letter keep it simple and to the point.

nem

[jojo03]

Re: CCJ by default? Set Aside application notes

I am intending to send it to the claimant, Sigma Red. I will set it out clearer as you've suggested, and therefore make it clearer that the debt was statute barred before the claim was issued. Thanks for your help!

[jojo03]

Re: CCJ by default? Set Aside application notes

Hi all, I've not received response from Sigma- is it worth sending again (recorded this time)? Or should I just wait until I can afford to do an n244? Obviously I'd prefer not to go down this route as the debt is only £281 or there abouts so I'd basically be paying over half of it in fees. Is there anything more I can do to persuade them to set aside?

[nemesis45]

Re: CCJ by default? Set Aside application notes

Hi Yes one more try by signed for post, if you are using an address with a " PO Box No. in it check for an address without one, sometimes letters to PO Boxes don't get signed for.

nem

[FlamingParrot]

Re: CCJ by default? Set Aside application notes

Hi all, I've not received response from Sigma- is it worth sending again (recorded this time)? Or should I just wait until I can afford to do an n244? Obviously I'd prefer not to go down this route as the debt is only £281 or there abouts so I'd basically be paying over half of it in fees. Is there anything more I can do to persuade them to set aside?

If you say you can't afford the court fee, it sounds like you may be on a low income or on benefits and have little disposable capital. That being the case, you could qualify for fee remission, see here for more details in case you need to do the application: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

[jojo03]

Re: CCJ by default? Set Aside application notes

Thanks for the suggestion, but no I'm not entitled. Income too high, but then so are my outgoings.... I just wish I'd received the paperwork in the first place to defend it- it's annoying having to pay £155 mainly because its over half of what the debt is. But I suppose saving half the money will be better than nothing. I will send one more letter, signed for and hope I can push them. Any persuasive suggestions to include in cover letter? Thanks in advance :-)

[nemesis45]

Re: CCJ by default? Set Aside application notes

Re send the letter in post #7. by signed for post track delivery JoJo.

nem

[jojo03]

Re: CCJ by default? Set Aside application notes

Thanks Nem, I have just got round to getting this done- should I include a paragraph at the bottom to state I will be taking it further with an application to court should they decide not to set aside? or should that be put in a separate cover note? Thanks!

[jojo03]

Re: CCJ by default? Set Aside application notes

I didn't bother as point 6 basically covers it. Have sent it off recorded delivery and will let you know if I get a reply.
Thank you so much!