help please for claimant letter ccj ? statue barred

[judgemental24]

Re: help please for claimant letter ccj ? statue barred

I hate to say it but you have to be quick in getting the set aside application into the court now you have been made aware of the CCJ

I am talking a week at most

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

cheers for help anyway guess im just better off paying in instalments

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Ok so I ran into money issues and missed payment date and have now received letter notice of issue of warrant of control , telling me to pay full amount £934.74 before 9th Dec or a bailiff will come , head in the sand moment for me as I'm skint any advice ? Plus can a bailiff take my TVs etc if I'm not on tenancy agreement and I'm not married to person in living with ?
Cheers for any help

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Ok so I ran into money issues and missed payment date and have now received letter notice of issue of warrant of control , telling me to pay full amount £934.74 before 9th Dec or a bailiff will come , head in the sand moment for me as I'm skint any advice ? Plus can a bailiff take my TVs etc if I'm not on tenancy agreement and I'm not married to person in living with ?
Cheers for any help

On what date was the claim issued?
Looking back over this I see you assumed that the debt was statute barred because it was not on CRA files, did you complete an N244 application form to get this judgement set aside?

We need to know the exact date the claim was issued and the date the account defaulted some quick action needed.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Hi I have not sent anything off infact I've never had any contact with anyone regarding this
http://s24.postimg.org/c1ltcihzp/image.jpg
That is the 2nd letter I have received

- - - Updated - - -

Defaulted 5/10/2009

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

If you mean the 1st letter it was dated 20th October which someone told me I've left it to late for set aside , just wondering what options I'm left with if any , right before Xmas god this is depressing

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

[QUOTE=uksilencer;598735]Hi I have not sent anything off infact I've never had any contact with anyone regarding this
http://s24.postimg.org/c1ltcihzp/image.jpg
That is the 2nd letter I have received

- - - Updated - - -

Defaulted 5/10/2009[/QUOTE
Nothing has been done since you received the Judgement by default order?
This is why the claimant has applied an got a Warrant.

A question now of damage limitation I think,
Some hard questions.
Can raise the money to pay this or a least a proportion at least 50%.
Do you own or rent your home?
Do you have any realisable assets that could be sold to satisfy the warrant?
nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

No I just assumed 6yrs was up it had gone , then Bam .
1. No I'm skint
2. Living with girlfriend not on tenancy but do pay rent
3. Got TV etc but she wouldn't be happy plus it was in her name from bright house all paid now but think it's proof it's hers

- - - Updated - - -

My credit is poor anyway so I'm not sure if a ccj would make a difference to be honest bound to be a few more in the future

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

No I just assumed 6yrs was up it had gone , then Bam .
1. No I'm skint
2. Living with girlfriend not on tenancy but do pay rent
3. Got TV etc but she wouldn't be happy plus it was in her name from bright house all paid now but think it's proof it's hers

- - - Updated - - -

My credit is poor anyway so I'm not sure if a ccj would make a difference to be honest bound to be a few more in the future

OK we have to show the bailiff the warrant is null bono ( no good) you are a " lodger" in a furnished property
Your girl friend needs to show that nothing in the property belongs to you, she is not a party to the debt her property cannot be touched.
Is the property let furnished? If so is there an inventory.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

No it's a council house and we have 3 kids so don't think they gonna go for that . Looks like I just have to not answer the door

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

From what you say there is no chance of they warrant being satisfied, luckily this is
in the hands of the county court bailiff not High Court Enforcement.
You can try informing him that the debt was statute barred and you are going to
try to get the judgement set aside.
It's too late to start that today though.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Ok thanks for your help

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Ok thanks for your help

Happy to help.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Regarding your last reply do I need to do something now ? Or wait until a bailiff comes round
Cheers

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Regarding your last reply do I need to do something now ? Or wait until a bailiff comes round
Cheers

Good morning,

From what you have said there is nothing for the bailiff to seize so the warrant should be returned to the court.
The logical way forward would be to apply for the judgement to be set aside if you are positive that the debt was
statute barred when the claim was issued.

This can be done via the court Or ( better in this case) by writing to the claimant with proof that
the debt was indeed statute barred when the claim was issued, evidence would have to be supplied.

nem