help please for claimant letter ccj ? statue barred

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Thanks , so is there a template letter I can use also evidence would my experian credit report with the date of default on it be good enough

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

looking at both letters i have it does not say what date the claim was issued only the 1st letter i received was 20/10/15 and my default date was 05/10/09 so i think they may have issued the claim just before this date but not sure

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Thanks , so is there a template letter I can use also evidence would my experian credit report with the date of default on it be good enough

OK My suggestion is:

Private & Confidential
FAO Mr Christopher Ross - Roberts
address as on their letters.

Date:
Re: County Court Judgement:
Ref: use Cabots.

Dear Mr Ross - Roberts,

I refer to County Court Judgement dated ............................ in regard to alleged debt for £ xxx .00 arising from and account with xxxxxxxxxxx:

I had received no notice of the court hearing, no documents having been served upon me.


Furthermore after checking my credit history I contend that the alleged debt was statute barred under the provisions of The Limitation Act 1980 on and before this claim was issued, I have enclosed herewith a screen shot of the credit reference agency file relating to this alleged debt,

From this you can see the date the account was registered as being in default, the cause of action would be sometime prior to the registration of the default. ( add in here any further info you have to prove this point).

Given the information above I would suggest that Cabot now applies for this judgement to be set aside as soon as possible.
Should Cabot dispute the status of the alleged debt it must of course prove that the alleged debt was not statute barred on the
date the claim was issued.

I under stand that a warrant of control has been issued in this matter and suggest that Cabot instructs its legal representative to withdraw this immediately.

A copy of this letter has been sent to Cabot's legal representative.

yours etc,

Use signed for post and get proof of delivery for both letters.

No guarantee of success but worth a try!

Keep a copy of the letter to hand together with the POD for the letters.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

thanks for that i cant see the name christopher ross-roberts on the letters was that just an example sorry for being dumb

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

thanks for that i cant see the name christopher ross-roberts on the letters was that just an example sorry for being dumb

CRB is an exec director of the Cabot group.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

ok , i just put fao cabot/reston and sent both of them the letter recorded delivery
cheers for all your help nemesis:santa2:
fingers crossed now

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Well they started knocking today.
http://s24.postimg.org/6jfdwh15h/image.jpg

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Quick update: never heard anything back since sending the letter . I have checked my noddle account and I have had the CCJ applied . I've read up that it makes no difference whether I pay this or not now as it will stay there for 6 years regardless .
So think with another old debt round the corner coming soon looks like I'm better off just head in the sand for another 8years and should be all clear on credit file .
Thanks everyone who helped me.

[nemesis45]

Re: help please for claimant letter ccj ? statue barred

Well they started knocking today.
http://s24.postimg.org/6jfdwh15h/image.jpg

Typical bloody Cabot fail to reply to letters and go ahead
with out notice!

Are you prepared to attempt to get the judgement set aside, the application ( Form N244) can be downloaded, the court fee is £155.00.

You could advise the CC Bailiff that you are in the process of making an application, keep a copy of the form to hand.

You do not have to let the bailiff in, discuss/explain through a window.

nem

[uksilencer]

Re: help please for claimant letter ccj ? statue barred

Ok so another debt has popped up for £1218.15 , this is a year away from being statue barred so I'm screwed . The letter says notice of pending ccj from Lowell.
Should I just let this go to a ccj with the other 1 ?
These are my only 2 debts and with 1 already on my file as a ccj which has screwed my credit file.
Should I just let this join it so I have 2 ccjs that will expire in 6 years ?
Any help greatly appreciated