Debt of 8 years old and have just had a CCJ put on my file.

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi
Thanks for for your reply.
The letter I received was dated the 12th May. and I received it on the 14th May.

Many Thanks.


John.

Hello John,

My feeling after reading through everything again is to let this take its course, and wait to see what if anything the claimant can file by the 1st June.

There is the alternative ( if you are completely satisfied that the debt is statute barred) that is to apply ( form N244 fee payable) for the claim to be struck out on the grounds that the alleged debt is statute barred.

You will need to submit evidence that the claim is stat barred.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Deer Nemisis

I have phoned the courts today and asked for an extension to the above order. At work and have not got the resources to sort a new N244 letter out and get it sent to them in time. A quick question for you though. Where in the form would I put whether I want the order set aside, varied or stayed and what would you suggest I choose for a debt that is now nine years old ????

Your faithfully

John

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Sorry, sent you the question as you were replying. Yes I can certainly say its as old as I have said it is. Do not have any evidence of it though as I never received any default documents from Halifax. When I phoned them up last October when all of this kicked off, they said that they only send out one lot of documents which they did in 2007 and every else was sent to Cabot. So basically all they could give me was verbal clarification that the default date was in May 2007

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Sorry, sent you the question as you were replying. Yes I can certainly say its as old as I have said it is. Do not have any evidence of it though as I never received any default documents from Halifax. When I phoned them up last October when all of this kicked off, they said that they only send out one lot of documents which they did in 2007 and every else was sent to Cabot. So basically all they could give me was verbal clarification that the default date was in May 2007

Hi John,

Sounds solid grounds for stat barred in my opinion, and as there is time to spare wait for the June 1st order to be met or failed then hit them with the statute barred status of the debt.

At least then you can be sure what the have or don't have to back up the claim.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

How can I hit them with the statute barred if I do not have any physical evidence though ???

I will leave the N244 letter then and just wait and see ??? It's just more money which I do not really have anyway. I also might go down to the local Halifax and grovel to see if they can write out a letter to say when it was defaulted. Don't want to rub salt in to their wounds so to speak though :-(

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

How can I hit them with the statute barred if I do not have any physical evidence though ???

I will leave the N244 letter then and just wait and see ??? It's just more money which I do not really have anyway. I also might go down to the local Halifax and grovel to see if they can write out a letter to say when it was defaulted. Don't want to rub salt in to their wounds so to speak though :-(

Good idea on the Halifax!!

The onus of proof that a debt is not statue barred falls entirely upon the claimant.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many many many thanks to what you and your colleagues on this site have done so far. Cannot thank you all enough. John

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many many many thanks to what you and your colleagues on this site have done so far. Cannot thank you all enough. John

You are most welcome John, your thanks are much appreciated by all!!

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear all

Have just recieved another letter from Wright Hassle and the head of head of debt recovery operations, a Tim Hawker has signed it. They have sent with it a N244 form and it goes like this.

" Pursuant to paragraph 1 of the Order dated 5th May 2016 the Claimant is required to file and serve copies of all / any default notices upon which it relies together with a statement of account by 1st June 2016. The Claimant has requested this documentation from the original vendor but these documents have not yet been received. The Claiment therefore requests an extension of 60 days to be granted under CPR 3.1(2)(a) to paragraph 1 of the Order dated 5th May 2016 and a corresponding extension to paragraph 2 of the same order which states that the Defendant may file an ammended Defence if they wish so.

Such an order shall assist the parties in furthering the Overiding Objective by keeping the costs in this matter as proportionate as possible. Furthermore, it will prevent any prejudice arising to other Court users by wasting the Court's time particularly in light of the fact that a hearing date has not been listed. The order shall also ensure that a fair and just outcome for both parties can be reached. "


What are your thoughts on this as they still do not have any evidence nor will they ever have it.

John

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

The judgment was originally obtained by default bu the claimant back in what, September / October last year. You applied to set aside in October? - therefore the Claimant has had at least since that date to obtain the relevant documents, which it mentioned in it's particulars of claim ( did you get a copy of the original particulars?) as being relied on and should therefore have had sight of before bringing the original claim ( else it is heresay). You could defend their relief from sanctions application on the grounds that they have had plenty long enough.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Also looking at the order the application is the vary the order... and they should have done that within 7 days of the order - which you received on 14th May so likely they did too. There is no sanction on there for non compliance with the order so I think we can take it that it is an application to vary .

[charitynjw]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi John

CPR 3.8(4) provides for a 28 day extension with agreement of the parties.

Imho, 60 days is taking the mickey, as they should have had the documentation before they issued the court claim.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks Amethyst. Could you please tell me in laymans terms what this means to me and where I proceed from here ? I can't really add anything more to the courts as what i have told them is the truth ??

Please be patient with me as it is a lot to take in and at the moment in the process of parting with my family due to this all happening. Stress took its toll but thats a different story all together x

john

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi. Had time this morning to go through the paper work again. Gather that I have the opportunity to put in a letter of defence by the 15th of June.

I will submit my original defence letter and put Amethyst's suggestion as point one and statute barred as point two.

Should I put anything about the conversation with Halifax or would that be just hear say as far as the legal process is concerned ??

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Could you please give me your opinion on the ammended defence letter please Amethyst, Nemesis or others please .

Many thanks,

John

ps sorry Amethyst for plagiarism