help please for claimant letter ccj ? statue barred

[uksilencer]

hi , received a letter from county court business centre on behalf of Restons Solicitors for claimant Cabot . I checked credit report and it defaulted on 05/10/2009 sum of £710 credit card ,its now telling me to pay £862.49 in instalments of £50 per month first payment by 19th Nov 2015 . I thought this debt had fell off as its not on my noddle file anymore so assumed it was statue barred ?

any help on what to do next greatly appreciated and sorry if posted in wrong bit
cheers

[Kati]

Re: help please for claimant letter ccj ? statue barred

Is it a claim form you received? Or a default CCJ?
Can you post up a redacted copy of what you've got (or email it to me and I will - kati@legalbeagles.info)?

[judgemental24]

Re: help please for claimant letter ccj ? statue barred

What was the date of the original claim form?

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Have you received a " Claim Pack" from the Northampton County Court Business Centre?
If so did you respond at all?

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

http://imgur.com/d12fno7

- - - Updated - - -

hi this is the only letter ive received from them i think its thje letter before a CCJ is issued ive linked above the letter hope it works

[judgemental24]

Re: help please for claimant letter ccj ? statue barred

That means a claim form was sent to you and you did nothing about it and received a judgement in default

Not the end of the world as it can be set aside if in non receipt

Have you moved address in the last few years where the clam form might have been sent?

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

yes i moved 18 months ago

[Kati]

Re: help please for claimant letter ccj ? statue barred

OK ... they issued court proceedings and have got a judgement in default. You could apply for a set aside ( [MENTION=6]Amethyst[/MENTION] ... can you post the link please, I can't find it ) which would cost £155, but it would give you the chance to defend their claim in court (and SB'd is a good defence).

Did you receive a claim form prior to this?

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

this is only letter ive had out the blue

[judgemental24]

Re: help please for claimant letter ccj ? statue barred

yes i moved 18 months ago

I will bet my house the claim form was sent to a previous address.
I bet those swines CABOT were fully aware of your new address.
Funny the judgement got to your new address and not the original claim form.

I would phone the court and ask them what address they have on the original claim form for you from Restons/Cabot

Then go about setting aside this judgement

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

hi thanks for help is the £155 fee payable upfront as i would struggle with this ? just had a quick read about it and i could end up missing work to go to hearing then getting court fees on top , is this really a sensible option for me ?
ie; will it work out at the same amount as paying the £

[judgemental24]

Re: help please for claimant letter ccj ? statue barred

If you are on state benefits or on low income you can apply for a fee remission

You send it with your set aside application

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

looks like im screwed then , i think the £50 a month option is my best choice
cheers

[Kati]

Re: help please for claimant letter ccj ? statue barred

Would you not be eligible for fee remission - http://hmctsformfinder.justice.gov.u..._forms_id=4396 ??

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

doubt it im on 26k pa