CCJ for stature barred debt - Lowell

[sanddancer1985]

Hi, i need some advice. i have received a ccj letter from my local court (Newcastle) for a debt i believe to be stature barred for a £2.5k credit card (last payment early 2009). i had initially received a pack from Northampton county court with a defence of stature barred issued via post (july 2016). i then received the same pack at start of this year from my local court and issued the same defence thinking it would be quashed as i am 99.9% certain that this is a stature barred debt. However no acknowledgement from the court or lowell of the defence i put in and yesterday i received a letter that a ccj had been issued from lowell and the court.


How can they just ignore my defence?


i checked the registry last night and nothing has been registered on there and also this hasn't appeared on my experian credit file. i am quite worried now as i am applying for a mortgage literally in the next couple of days for our first house after a few set backs with the sale of ours and obviously this could seriously effect the ability to get a mortgage. Any help would be really appreciated.

[MIKE770]

Re: CCJ for stature barred debt - Lowell

| Set Aside Application | nbut ring the court concerened and get the info you need as if CCJ etc or was it a threat?

[Amethyst]

Re: CCJ for stature barred debt - Lowell

Would you be able to type out the defence that you entered?
Where did you send the defence to?
Do you still have the front sheet of both packs you received? ( one from Northampton and one from Newcastle? ) Do they have different claim numbers?

[sanddancer1985]

Re: CCJ for stature barred debt - Lowell

Hi,

both have the same claim number, i'm at work at the moment so dont have them to hand but i used the standard template from this site that i did not acknowledge the debt and that the time had lapsed since my last payment (2009). filled in the form that i do not need a mediator with my defence then later received a letter from newcastle with the same info and filed same defence. heard nothing back until i received a letter from lowell saying a ccj had been applied and a letter from court ordering me to pay.... as stated above we literally have a meeting with a mortgage advisor next week for a house purchase. it isnt on my credit file or registry trust but everything looks legit on paper.... how long does it normally take to get something set aside and do i start proceeding for this before or afte rit appears on my credit report?

[Amethyst]

Re: CCJ for stature barred debt - Lowell

Okay so only one claim. So you received the claim pack, sent your defence, had a directions questionnaire, it was transferred to Newcastle, you received a letter with a hearing date asking for witness statements ?

Think we might need to have a look at some of the paperwork to see what's happened here as if you filed a defence you shouldn't have a judgment unless you somehow missed the hearing? Did the judgment notice say Judgment in Default or something else?

When you get home if you can scan docs in and either redact and post on here or email me admin@legalbeagles.info

Need to know what happened to know what to do and if applying to set aside, or for relief from sanctions, is more appropriate.

What date was the judgment? If the CCJ has only just been awarded then it doesn't appear on your file for 28 days so if you happen to have £2.5k laying about then to save your mortgage app you could look at settling it - set aside application would probably take 3/4 months to get removed from your file ( once applied ).

But lets see the docs later when you get home and figure out what you can do to rectify things. xxxx

[sanddancer1985]

Re: CCJ for stature barred debt - Lowell

Thanks, i wasnt aware of any court dates? (could that be used in a set aside reason alongside the stature barred). the letter i received from court is a "general form of judgment or order" dates 24th July ordered i must pay the money and that is dated 16th june (guesisng 16th june was the supposed court case that i was unaware of).

just out of curiosity if its not showing as defaulted on my credit report and not as A CCJ .. if i made a token payment of couple pound amonth would this ensure it doesnt appear on credit file?

[Diana M]

Re: CCJ for stature barred debt - Lowell

i have received a ccj letter from my local court (Newcastle) for a debt i believe to be stature barred for a £2.5k credit card (last payment early 2009). i had initially received a pack from Northampton county court with a defence of stature barred issued via post (july 2016). i then received the same pack at start of this year from my local court and issued the same defence thinking it would be quashed as i am 99.9% certain that this is a stature barred debt. However no acknowledgement from the court or lowell of the defence i put in and yesterday i received a letter that a ccj had been issued from lowell and the court.

The quickest way to establish what's happened is to call Newcastle County Court on 0191 201 2000 and select option *2*.

You'll need to give them your claim reference number and your date of birth to clear security/DPA (plus your name obviously).

Was the second "claim pack" you received from Newcastle County Court identical to the claim pack you received from MCOL or could the Claimant have made an Application for a Summary Judgment to strike out your Defence of Statute Barred if that was the only legal argument you pleaded? You say you're 99.9% sure it is but what is the reason for not being 100% certain?

Did you send a s 77-79 CCA Request to Lowell at any stage, and if so did you include their non compliance (if they didn't comply) as well as SB in your Defence? I ask because you said you used a template from the LB forum.

Di

[Amethyst]

Re: CCJ for stature barred debt - Lowell

Hmmm it might go on your file around 20th August or it might be there already - seems they took quite a long time to send out the notice of judgment. Might be worth checking the register ( https://www.trustonline.org.uk/search-yourself costs £4 I think ) The only way to keep it off would be to pay in full before 28days from the Judgment. As Di says might be worth calling Newcastle and asking how you have a judgment when you defended the case and haven't had a hearing.

Paying token payments won't keep it off your file. Is the order for forthwith payment or £50 a month installments ?

Otherwise it is a case of making an application to set aside the Judgment. This carries a cost of £100 or £255 depending if you can get Lowell to consent first. If you are on a low income then you may be eligible for fee remission, although if you're looking at a new mortgage it's unlikely you would be.

Not much to do till we can see the documents and know where things went wrong and how you can get it sorted out.

[Diana M]

Re: CCJ for stature barred debt - Lowell

I need to search for the post made by Joanna Connolly which said that CCJs don't go on the registry unless there's some subsequent court action such as enforcement or an application to vary etc.

I'll see if I can find the post later.

Di

[sanddancer1985]

Re: CCJ for stature barred debt - Lowell

Thanks Di.. i am 100% certain that this is statured barred as one their original letter they had 2011 as the default date (the time they bought the debt) bu no payments where made after early 2009.

i will ring the court and see what happens. do you have any advice on what to say if i haven't received any court hearing details? i hate to trip up at this late stage.

not sure what a 77-79ca is the only correspondence i ever made with Lowell was via Northampton court with my defence and questionnaire.

[sanddancer1985]

Re: CCJ for stature barred debt - Lowell

i havent been able to call yet, but just looking at the letters. the letter from lowell states ccj on 19/6/17 and court letter states 16/6/17. defintley both the same claim number. why would this be?

[Amethyst]

Re: CCJ for stature barred debt - Lowell

I need to search for the post made by Joanna Connolly which said that CCJs don't go on the registry unless there's some subsequent court action such as enforcement or an application to vary etc.

I'll see if I can find the post later.

Di

Think that is only in cases re recovery of land. I remember the post (can't find it tho) but standard judgments are applied automatically ( they can be applied straight away but removed if paid within 28 days - so generally they don't get entered for 28 days for admin reasons I guess )

[Amethyst]

Re: CCJ for stature barred debt - Lowell

i havent been able to call yet, but just looking at the letters. the letter from lowell states ccj on 19/6/17 and court letter states 16/6/17. defintley both the same claim number. why would this be?

Possibly Lowell put the date they were notified of the judgment. I wouldn't worry until you speak to the court and find out what occured.

They are basically a call centre so don't worry too much about what to say to them - just give them the claim number ( and other details mentioned by Di earlier) and ask them how come you have a judgment when you defended... then go from there.

[Diana M]

Re: CCJ for stature barred debt - Lowell

Think that is only in cases re recovery of land. I remember the post (can't find it tho) but standard judgments are applied automatically ( they can be applied straight away but removed if paid within 28 days - so generally they don't get entered for 28 days for admin reasons I guess )

It wasn't in relation to land it was in relation to CCJs.

This is what Joanna Connolly posted and I'm inclined to believe her >

However as the Judgment would be entered after a trial/hearing then it will not reflect on the OP's credit history or the registry trust however long it takes to pay unless the claimant has to take steps to enforce the order or the OP makes an application to vary the amount etc. Therefore if the OP can agree payment terms without any variation to the original order then it will not reflect on the OP's credit history.

The exception to the above is if the District Judge makes an order at the time Judgment is entered (i.e. at the hearing) allowing for instalments. Then it does show on the credit file and on Registry Trust immediately.

and again here >

1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.


2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years. If paid within the month then the judgment will be cancelled on the Register and removed from the credit history.


3. If Judgment is handed down by the court at the end of a trial or at a hearing for say £4,000 then if the order is silent on when it is to be paid it would be due within 14 days, or the court may order 21 or 29 days. The order is not automatically sent to Registry online at this point. There has to be some further action taken by either the claimant or the defendant in relation to the Judgment debt.


4. If the Defendant after the trial/hearing approaches the claimant and say for example informally agrees (without a consent order being signed) that they can pay the Judgment order of £4,000 over say 12 months by standing order then neither party has taken steps to either vary/enforce the order and as long as the payments are made the Judgment will not be sent by the court to Registry Online. The claimant still has the security of the Judgment that can be enforced if the defendant misses an instalment but the Defendant has the benefit that the Judgment will stay off their credit history.


5. If the Defendant pays the Judgment monies within the time period stipulated by the court , then again nothing is sent to Registry online


6. If the Defendant doesn't pay the Judgment monies and the creditor does not take any steps to enforce the Judgment (i.e bailiffs, attachment of earnings etc) then again until the creditor does take the step the Judgment won't be sent to Registry online.


7. If the OP makes an application to the court to vary the Judgment AFTER a trial/contested hearing then at that point the Judgment will be sent to Registry Online.

You'll see Jo's Point No 2 refers to Default Judgments being registered but if the set aside is successful that changes things.

Di

[Amethyst]

Re: CCJ for stature barred debt - Lowell

Ahh yes that makes it clearer - didn't remember that second post - 8 and 9c of The Register of Judgments, Orders and Fines Regulations 2005 9c exempts contested claims if the order is forthwith I believe?