advice on how to appeal against ccj thats statue barred please

[trish22]

hi, i recieved a ccj yesterday and would like some advice on how to appeal a statue barred debt, bryan carter contacted me in feb of this year regarding this debt ,i phoned them an told them it was statue barred of which they said they were still taking me to court, i then sent lowell/bc a cpr request then have heard nothing
thank you in advance for any help

[EXC]

Re: advice on how to appeal against ccj thats statue barred please

What did you receive, a judgment or a claim form?

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

a judgment

- - - Updated - - -

it says i have 7 days to appeal dated the 26th october

[EXC]

Re: advice on how to appeal against ccj thats statue barred please

Was it a default judgment or did you enter a defence and lose?

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

in default

[EXC]

Re: advice on how to appeal against ccj thats statue barred please

You need to try and get the judgment set aside http://www.legalbeagles.info/forums/...lication-notes

Why didn't you defend the claim?

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

I did an acknowledgment of service in February, then call Bryan carter with regard to the debt being statute barred then sent them cpr requests then heard nothing so thought they had dropped it.

[nemesis45]

Re: advice on how to appeal against ccj thats statue barred please

I did an acknowledgment of service in February, then call Bryan carter with regard to the debt being statute barred then sent them cpr requests then heard nothing so thought they had dropped it.

You need to give us a lot more detail if you want further advice.
Carter has taken advantage of the fact you did not follow the court
process after acknowledging service of the claim, if court documents
are not completed and filed with the court the claimant can apply for
summary judgement.
Please tell us the reasons why you thing the debt is statute barred.
[MENTION=332]EXC[/MENTION] has posted a link for you.

nem

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

hi sorry what details do you require?as not sure.
the debt is statue barred as havent made a payment in 7 yrs.

[joedempsey]

Re: advice on how to appeal against ccj thats statue barred please

hi sorry what details do you require?as not sure.
the debt is statue barred as havent made a payment in 7 yrs.

It looks like you did not defend the claim the court would not no it was stat barred because you never put a defence in and followed court procedure
so as mentioned above carter took advantage and took default judgment.
you need to apply for set aside ..more experienced beagles will give you advice on how to do this

[Kati]

Re: advice on how to appeal against ccj thats statue barred please

hi sorry what details do you require?as not sure.
the debt is statue barred as havent made a payment in 7 yrs.

EXC posted a link for you ... you'll have to apply for the judgement to be set aside

You need to try and get the judgment set aside http://www.legalbeagles.info/forums/...lication-notes

As [MENTION=55034]nemesis45[/MENTION] said ... Carter has applied for a default judgement because you did not enter a defence after acknowledging the claim. For a set aside to be allowed, you'd have to have a valid defence.
What was the original account?
Last payment date?
Did you send cca and cpr requests?

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

i know im so stupid just thought with calling bc and telling them that the debt was statue barred and then sending them a request for cpr they left it,
the original account was with mbna
roughly around april 2008
and yes sent cpr request to both lowell and bc
thanks for your help

[Amethyst]

Re: advice on how to appeal against ccj thats statue barred please

oops xx Sadly the companies know many people aren't au fait with court procedure, and don't go out of their way to enlighten them.

You will have to make the application to set aside. First though I would contact BC and ask them to consent to the set aside ( then you can just pay £50 without a hearing ) because they had agreed to put the case on hold but still claimed default judgment despite your communicating with them about it being stat barred. Get something in writing from them agreeing that you can include in your application. ( It is unlikely they will because they are a bit arsey - but it's worth a call )

[Kati]

Re: advice on how to appeal against ccj thats statue barred please

i know im so stupid just thought with calling bc and telling them that the debt was statue barred and then sending them a request for cpr they left it,
the original account was with mbna
roughly around april 2008
and yes sent cpr request to both lowell and bc
thanks for your help

Follow the link EXC posted up (post #6) and see what you can understand of the set aside process. You'll need to work on a defence too.

[trish22]

Re: advice on how to appeal against ccj thats statue barred please

just called them he laughed.