Statute Barred or not, after Set Aside judgement.

[hatedebt]

I am sorry if I get anything wrong. This is my first post ever regarding anything.

A long story short, it is alleged I opened an account in August 2000 and the last payment was in January 2009, but the claimant was able to get a CCJ in December 2014, within the 6 years period. I only became aware of it in 2016, In March 2017 I was able to get it Set Aside in agreement with the claimant, on the condition I file and serve a defence within 14 days. I have never admitted the debt.
As it has been Set Aside, which effectively means as if the CCJ never existed, does that mean now in 2017, I can claim it as Statute barred. I have gotten conflicting advice. Mostly yes but some say not sure, could you please help clarify, thank you.
If it is relevant, the claimant has not provided me with any documentations at all, just dates.

I need to submit my defence by 28/03/2017, so any help before that will be very helpful.

PS.
I did on occasion read though Legal Beagles forums, before I submitted my N244, just want to say so many thanks for the help I received here.

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

If anyone can offer some insight, please help.

[nemesis45]

Re: Statute Barred or not, after Set Aside judgement.

I am sorry if I get anything wrong. This is my first post ever regarding anything.

A long story short, it is alleged I opened an account in August 2000 and the last payment was in January 2009, but the claimant was able to get a CCJ in December 2014, within the 6 years period. I only became aware of it in 2016, In March 2017 I was able to get it Set Aside in agreement with the claimant, on the condition I file and serve a defence within 14 days. I have never admitted the debt.
As it has been Set Aside, which effectively means as if the CCJ never existed, does that mean now in 2017, I can claim it as Statute barred. I have gotten conflicting advice. Mostly yes but some say not sure, could you please help clarify, thank you.
If it is relevant, the claimant has not provided me with any documentations at all, just dates.

I need to submit my defence by 28/03/2017, so any help before that will be very helpful.

PS.
I did on occasion read though Legal Beagles forums, before I submitted my N244, just want to say so many thanks for the help I received here.

Hi,

The 6 year " clock " in regard to the Limitation Act 1980 6 year relevant period for a debt to become stat barred stops on the date a claim is issued.

You will now have to show that at the time the claim was issued you had and still have a defence to the claim that has a reasonable chance of success as the claim was in time.

nem

[Diana M]

Re: Statute Barred or not, after Set Aside judgement.

I need to submit my defence by 28/03/2017

I think you need to start at the end.

You have been ordered by the court (is that correct?) to file a Defence by next Tuesday?

Quite rightly you need to know what your defence should be not what it shouldn't be.

So here comes the questions

Who is the Claimant?

Who was the original creditor (on the assumption that the account has been sold to a debt purchaser) ?

What is the claim for (how much)?

Have you sent a s.77-79 CCA Request to the Claimant or to the the original creditor (if the debt has been sold on)?

Have you sent a CPR 31.14 Request to the solicitors acting for the Claimant (if there are solicitors on record) ?

Like I said once a CCJ has been set aside (well done you!) it's back to the drawing board and you need to take it from there.

Di

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

Hi,

The 6 year " clock " in regard to the Limitation Act 1980 6 year relevant period for a debt to become stat barred stops on the date a claim is issued.

You will now have to show that at the time the claim was issued you had and still have a defence to the claim that has a reasonable chance of success as the claim was in time.

nem

Thank you
I probably should have gone ahead with the trial, but got confused and accepted their offer. I still have not seen any papers, and have a history of identity theft so will press them on showing me any papers. This is probably my best defence. Thanks again.

[Diana M]

Re: Statute Barred or not, after Set Aside judgement.

I probably should have gone ahead with the trial, but got confused and accepted their offer. I still have not seen any papers, and have a history of identity theft so will press them on showing me any papers. This is probably my best defence.

What offer?

Was it a Without Prejudiced offer?

Have you admitted the claim or was your offer before the claim as issued?

Di

[Diana M]

Re: Statute Barred or not, after Set Aside judgement.

In March 2017 I was able to get it Set Aside in agreement with the claimant, on the condition I file and serve a defence within 14 days.

Did you file a Draft Defence with the Consent Order to set aside the the CCJ?

If so what was the basis of the Defence you filed?

If the Claimant consented to a set aside what was their reason for doing that?

Di

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

I think you need to start at the end.

You have been ordered by the court (is that correct?) to file a Defence by next Tuesday?

Quite rightly you need to know what your defence should be not what it shouldn't be.

So here comes the questions

Who is the Claimant?

Who was the original creditor (on the assumption that the account has been sold to a debt purchaser) ?

What is the claim for (how much)?

Have you sent a s.77-79 CCA Request to the Claimant or to the the original creditor (if the debt has been sold on)?

Have you sent a CPR 31.14 Request to the solicitors acting for the Claimant (if there are solicitors on record) ?

Like I said once a CCJ has been set aside (well done you!) it's back to the drawing board and you need to take it from there.

Di

Thank you
The Claimant is Arrow Global, its actually them who presented a Draft Consent Order, which I accepted on the day of the trial.
Original creditor was Capital one
The claim is for £1649
After appointed a solicitor within 2 weeks they decided to proceed with their in-house litigation team.
I requested the documentary proof 2 weeks before the hearing but did not mention s.77-79 in my request.

My id was stolen in 2005, and have a whole list of documents of back it up, but the account is alleged to be from 2000. I did previously have a capital one account, but I know I paid it off and should be closed. But I cannot prove it after so many years.

Please let me know if further information is required. It seems to me that increasing my best chance lays in asking for proof, but even then I know it should be paid off, but this is the only part I don't have proof for. Most people don't keeps records for years, surely.

Thanks again.

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

Did you file a Draft Defence with the Consent Order to set aside the the CCJ?

If so what was the basis of the Defence you filed?

If the Claimant consented to a set aside what was their reason for doing that?

Di

Draft Consent Order offer was made by Arrow Global and accepted by myself.
The judge approved our agreement.
It states 3 things
They agree to have this judgement Set Aside
Provided I file a defence with 14 days
and no order as to costs

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

What offer?

Was it a Without Prejudiced offer?

Have you admitted the claim or was your offer before the claim as issued?

Di

I have never admitted the claim as I honestly am not sure.

Thank you

[hatedebt]

Re: Statute Barred or not, after Set Aside judgement.

I submitted my defence, the judge referred it to the small claims process. I filled in my Directions Questionaire, but the other party failed to respond, so the judge STRUCK OUT the claim after giving a deadline to the claimant, which has come and gone.

My question is, as I have never admitted to this debt at any stage, and according to the claimant, the last payment was made in 2009.
Because it has been Struck out, has it now become statute barred or can they or someone else who decides to buy the debt still chase me for this alleged debt.

A very big THANK YOU for all who replied earlier and to those whose information on other forums helped me in compiling my case.