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CCJ Statute barred Cabot

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  • CCJ Statute barred Cabot

    Need advice please. My husband has had a CCJ brought against him by Cabot. We have applied to have the CCJ set aside as we believe that the debt was

    statute barred so should not have been brought to court. We were unsure what the debt related to, my husband accrued debts with Barclays and Barclaycard back

    in 2006 when he lived with his now ex wife. They separated that year and on my advice he went to the CAB to help with his financial problems who set up token payments of I think £1 a month with the creditors. However these payments ceased shortly after, Wright Hassal solicitors say the claim relates to Hitachi Nova Retail Credit and say that the account was taken out in 2007, we know that that information is not correct, we now believe the debt to be the Barclaycard debt and the date of that account set up was much before 2007. Wright Hassall state that a payment of £10 was made to the account in November 2011 we believe this to be incorrect, that date would make the debt non statute barred by a matter of weeks. They are also saying they will request costs of any hearing. The hearing for set aside takes place in a few weeks. Do we write to Wright Hassall requesting proof of the payment ? Thanks advice appreciated.
    Last edited by Lucy1995; 6th June 2018, 21:14:PM.
    Tags: @nemesis45

  • #2
    Are you applying for set aside under CPR 13.3 that you have a real prospect of defending the claim?

    Have you obtained a copy of the claim form?

    Why didn't you receive the claim form originally?

    Your husband should send a Subject Access Request Letter to Cabot for all the information they hold on him.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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