Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

[Tristesse]

Hi,

I wondered if anyone might be able to help.

My wife has received a Notice of Issue of Warrant of Control today. This relates to an alleged debt going back quite some years (7 years).

When the CCJ claim came in I did file an acknowledgement of service to Northampton but then unfortunately was called away on business and failed to file the defence in time (my wife unfortunately didn't have a clue what the debt was and didn't know how to file a defence whilst I was away).

There is no evidence of the debt whatsoever and she cannot recall ever having signed a credit agreement. I believe it originally related to a Next Credit account but the claim was from Cabot.

Would it be possible to apply for this to be set aside on the basis it is statute barred? I very much doubt there would be a signed CCA as my wife cannot remember ever signing one and she has not used any credit in a long while now.

The amount claimed is £844.85

Judgement date would have been very recently (I don't know for certain as I haven't received any paperwork but remember the claim form coming at the start of April).

Any help / advice would be most appreciated.

Best Regards
Tristesse

Any help on where to start would be appreciated.

[FlamingParrot]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

First of all, she needs to apply to get the warrant suspended, otherwise she'll be looking at a visit from an enforcement agent (formerly known as a bailiff) :scared: She'll need form N245 which should be filled in and returned to the court that issued the warrant.

To apply for set aside you need form N244 which is a separate application. The statute barred argument should cover the suitable defence side of things but she'll need to put forward arguments regarding why the claim was not defended. The application costs £155 but in certain cases it may be possible to apply for fee remission, see ex160.

More information about set aside here: http://legalbeagles.info/library/how...-judgment-ccj/

[Tristesse]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Hi,

Many thanks for the reply, we'll sort the forms out asap. It's a shame I had to go away really and completely forgot about it in the rush as I had already written the defence out.

I'm unsure what to put forward in terms of reasoning, worried that the above will not be grounds enough.

The debt is most certainly statue barred I had saved credit reports which pre date the CCJ and there was nothing on there at all.

Cheers
Tristesse

[highwire]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Hi, you mention the original creditor is Next Credit... this is a payday loan company currently under scrutiny by the FCA and Action Fraud. If this is the company that the debt originates from, you need to start digging for further information asap. The only other thing I can think of is Next (the retailer) who offer credit in the form of a store card. You need to ask your wife if she remembers taking out either a payday loan or getting a store card with Next.

Also, how do you know for sure it is statute barred? Creditors don't always report on credit files so you mustn't rely on what's on it (or what's not on it). If you post up the Particulars of Claim from the claim form and ask your wife what she remembers about the debt, we should be able to help further.

If it is something to do with Next Credit (the payday lender), I may be able to help. I have had ongoing dealings with this farcical company for over 2 years now, involving the serious fraud office, FCA, ICO, FOS and trading standards. They are crooks of the highest order.

[Tristesse]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Hi Highwire,

I spoke to the wife about it this morning. She believes years ago she did have a credit account with the Next Directory (the retailer), this was a long time ago now and she hasn't had any contact with them in over 7 years, there's been no letters or anything (although we have moved several times in that period).

I'll try and upload the particulars of claim shortly, just at a site office at the moment so no scanner.

Sorting the forms out now. Is it likely the set aside application will be rejected on the basis I did complete the acknowledgement?

Is there anything else I should do in the meanwhile like write to cabot and inform them I intend to ask for set aside on the basis the debt is statue barred?

Cheers
Tristesse

[Tristesse]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Also for the N245 in order to suspend action do I fill in the household expense details or just my wife's? My wife doesn't work as she looks after our children full time and hasn't worked in about 10 years. We do not claim any benefits at all so I'm not sure how I would put her income in as technically she has none? Should I put my income down?

Many thanks
Tristesse

[nemesis45]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

The account was I suspect either opened online or via
an advert in a magazine or newspaper as many mail
order account are.
As accounts are removed automatically on the
6th anniversary of the default date paid or not
this could be the reason for no entries showing
now.

Does the CCJ show on the " public information"
section of the credit report??

Or you can check Trust Online for the CCJ.

You can certainly write to Cabot stating the debt was statute barred ( if you are sure it is) when the claim
was issued, and you are applying for set aside.

nem

[highwire]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

I can't help with form filling but someone else maybe able to. I would send a Subject Access Request to Next Directory to find out the exact default date. Once you have this you'll be able to determine when it became statute barred. When applying to set aside, you will simply have to provide some evidence that you were away from your address during claim period. I'd also provide a letter stating your wife gave you full permission to act on her behalf. This will cost you £155 unfortunately but it's better than having the bailiffs knocking.

[Tristesse]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Hi Highwire,

Thanks again for your reply, I'll have evidence from work that I was away at the time (happy to get a statement from my line manager or such if required).

Will send a SAR to Next Directory and get the default date, she is certain there has been nothing and she cannot even remember ever having any previous communication about this until the claim came through.

Just checked on Noodle and the item does appear in the Public Information section dated 27/03/15 (so slightly earlier than I thought memories terrible at times).

Would appreciate if anyone could provide guidance on the N245 and I'll try and get that in off later today / over the weekend.

No problem with the £155 as like you said it's better than bailiffs knocking at the door and my wife's pretty petrified this could happen (although I've explained there's nothing they can do as she doesn't own a car etc and does not / should not have to let them in).

Cheers
Tristesse

[FlamingParrot]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

I spoke to the wife about it this morning. She believes years ago she did have a credit account with the Next Directory (the retailer), this was a long time ago now and she hasn't had any contact with them in over 7 years, there's been no letters or anything (although we have moved several times in that period).

I'll try and upload the particulars of claim shortly, just at a site office at the moment so no scanner.

You can just take a picture with your phone, iPad, tab, etc. hoto:

Sorting the forms out now. Is it likely the set aside application will be rejected on the basis I did complete the acknowledgement?

You will need to explain why you did not proceed further with a defence, if you have any proof that you were abroad or away from home at the time it would help, however, the court could still argue that, since you were aware of the claim and a defence can be filed online, there was no reason you couldn't have filed one even if you were away.

Is there anything else I should do in the meanwhile like write to cabot and inform them I intend to ask for set aside on the basis the debt is statue barred?

I'd certainly write to them asking to consent to the set aside to save everyone's hassle and costs. All they can say is no.

I can't help with form filling but someone else maybe able to. I would send a Subject Access Request to Next Directory to find out the exact default date. Once you have this you'll be able to determine when it became statute barred. When applying to set aside, you will simply have to provide some evidence that you were away from your address during claim period.

The SAR would produce statements that would show the last payment made into the account, however, it may not show the exact default date, DNs are not often retained by companies or sent in response to SARs. In any case the last payment date would give an indication as to whether the debt was SBd or not at the time the claim was issued. Ideally that date should be at least a couple of months and six years earlier than the date on the claim.

I'd also provide a letter stating your wife gave you full permission to act on her behalf. This will cost you £155 unfortunately but it's better than having the bailiffs knocking.

It is possible to keep the bailiffs away even without setting aside the CCJ, most people with CCJs don't have bailiffs knocking, they would have applied for a warrant because no payments have been made. Default judgments tend to be forthwith, i.e. the full amount payable immediately, however, they can be varied to an affordable monthly installment.

As processing a set aside application can take a long time and there's no guarantee of success, it should really be a priority to get the warrant suspended to avoid a visit, irrespectively of what shows up on the public record or credit reports.

[nemesis45]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Try saving £10, make a phone call to Next and ask if they
can give you the dates it's worth a try.

nem

[FlamingParrot]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Also for the N245 in order to suspend action do I fill in the household expense details or just my wife's? My wife doesn't work as she looks after our children full time and hasn't worked in about 10 years. We do not claim any benefits at all so I'm not sure how I would put her income in as technically she has none? Should I put my income down?

You should put down the total household figures for both income and outgoings. Remember to make allowances for all your living expenses, priority debts and other debts you may have, even if they are in your sole name (as you are doing a joint I&E). Before you fill in the form you may want to use an online tool to do the math, a good budgeting tool can be found here: https://nedcab.cabmoney.org.uk/quickfs.asp

Thanks again for your reply, I'll have evidence from work that I was away at the time (happy to get a statement from my line manager or such if required).

Will send a SAR to Next Directory and get the default date, she is certain there has been nothing and she cannot even remember ever having any previous communication about this until the claim came through.

Just checked on Noodle and the item does appear in the Public Information section dated 27/03/15 (so slightly earlier than I thought memories terrible at times).

That would be the date of the judgment, however, for the purpose of limitation, we need to look at the date the claim was issued.

Would appreciate if anyone could provide guidance on the N245 and I'll try and get that in off later today / over the weekend.

No problem with the £155 as like you said it's better than bailiffs knocking at the door and my wife's pretty petrified this could happen (although I've explained there's nothing they can do as she doesn't own a car etc and does not / should not have to let them in).

The £155 fee would be for the N244 (set aside application) not the N245 which is the first thing you should get done. The fee for this should be £50.

You need to send or, ideally, take the N245 to the court that issued the warrant if you can. Although you should try to get his out quickly, don't rush too much and make sure you get your figures right, because you (as your wife has no income) will need to make sure you can keep up the installments you offer.

There is no need to get the CCJ set aside to avoid bailiff visits, just to keep up the repayments and, if one day they are no longer affordable due to a change in circumstances, get them varied again (this would require a fresh application to the court). If you succeed in having it set aside, the CCJ would disappear from the record and your credit file, this would be the main purpose of this application rather than avoiding bailiff action.

I would take it one step at a time and concentrate on getting the warrant suspended first for your own and your family's peace of mind, then write to Cabot asking them to consent to the set aside application and only after you've done that and heard back from them (if they refuse), go on to submit the N244 set aside application. First things first! :thumb:

[Tristesse]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Thanks FlamingParrot,

I'll put the particulars up soon (realised I've managed to leave them on the desk at home doh), appreciate it might take some time with the set aside (and also might not succeed) so am pushing the N245 forward, just not sure what to fill in at the moment. Is it better to put my income and expense details in as technically my wife has neither I suppose being a stay at home Mum and not receiving any benefits etc?

Will put a letter together for Cabot appealing to their better nature . Will post it on here for review prior to sending.

Cheers
Tristesse

Cheers
Tristesse

[FlamingParrot]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Thanks FlamingParrot,

I'll put the particulars up soon (realised I've managed to leave them on the desk at home doh), appreciate it might take some time with the set aside (and also might not succeed)

Don't worry about that for now. The court does expect set aside applications to be made promptly but you've only just found out about the CCJ and have a warrant of control to deal with and your family's peace of mind comes first. These would be arguments to explain the delay in making the application for set aside.

so am pushing the N245 forward, just not sure what to fill in at the moment. Is it better to put my income and expense details in as technically my wife has neither I suppose being a stay at home Mum and not receiving any benefits etc?

Yes, as above, just do a joint household budget. :thumb:

Will put a letter together for Cabot appealing to their better nature . Will post it on here for review prior to sending.

I would call it 'just following procedure', but you never know... life is full of surprises! ray: ray: ray:

[nemesis45]

Re: Issue of Warrent of Control - CCJ on Statue Barred debt (Cabot)

Emphasise the fact your wife has no personal income whatsoever, and if doing an household financial statement
make sure you have every expenditure however small included.

nem