Some advice Reference a CCJ - that was statute barred

[leonmc0708]

Hi There

Thanks in advance - this forum has been a godsend for me.

I have an issue relating to a debt that was statue barred that Lowell Solicitors then went to CCJ with.

I have found out now they have faked the payment details for a debt that I had defaulted in 2009.

It was statute barred and due to fall off my credit file in May 2017 but they took this to court and presented to the court that a payment was made of £6.96 they have as made by Debt Collection Agency - which has circumvented the statue barred and 6 years to fall off my file.

I have requested proof of payments they have sent and I didn't use any debt collection agency at this time for this purpose.

I wondered what the best route was to have this removed.

I plan to contact Lowell and Challenge their records via a few emails before getting this deadlocked and then going to the court to pay the fee to have it reviewed.

Any advice would be great

[Amethyst]

Re: Some advice Reference a CCJ - that was statute barred

You might have missed the boat depending on the circumstances of the CCJ.

At the time this judgment was made had you defended the case - or were you unaware of it until receiving the judgment ? ie can you apply to set it aside, or was it a judgment made after a defence was entered at a hearing ?

Do you have evidence that this payment was not made to the DCA by you? Does their documentation say which DCA the payment was made to and have you got copies of your bank statements for that date showing no payment being made?

[Amethyst]

Re: Some advice Reference a CCJ - that was statute barred

Ahh is it this one with Lowell you posted about in May time?

I have since spoken to the court who have confirmed it is correct that they have doen it and as I filed no defence they have struck out my defence and I need to pay £100 to fiel a defence now.

- http://legalbeagles.info/forums/show...ue-barred-debt

[leonmc0708]

Re: Some advice Reference a CCJ - that was statute barred

Yeah its the same one - sorry I did try and search the forum for the post but couldn't find it.

[Amethyst]

Re: Some advice Reference a CCJ - that was statute barred

Think your ship might have sailed on this - do you have a copy of the order from the court ? Is it Judgment in Default ?

When you contacted the court in May they said to pay £100 to file a defence ( which would have been an application to set aside ) - what happened after that ?

[leonmc0708]

Re: Some advice Reference a CCJ - that was statute barred

Think your ship might have sailed on this - do you have a copy of the order from the court ? Is it Judgment in Default ?

When you contacted the court in May they said to pay £100 to file a defence ( which would have been an application to set aside ) - what happened after that ?

Really - that's devastating - a CCJ has killed three years hard work to clean up my file.

The court said I needed to pay to file a defence and I was offended as I had filed this twice via their electronic route before it was closed however they said it came through blank.

If as I suspect Lowell have blagged this is there nothing I can do ?

[Amethyst]

Re: Some advice Reference a CCJ - that was statute barred

The court said I needed to pay to file a defence and I was offended as I had filed this twice via their electronic route before it was closed however they said it came through blank.

Okay this sounds like a MoneyClaim online error - did you not push it with them at the time ? When you submitted your defence at the time did you get an email receipt at all ? ie any evidence you tried to file? and are you still able to log in to MCOL to view that claim ?

It will have to be an application to set aside the judgment on the grounds you filed your defence but an MCOL error cocked it up - but applications should be made promptly and you're 6 months on - so I don't know how sucessful you'll be.

Might be worth seeing if you would have a defence on the actual claim first ? ( or could you get it paid up if you could get the CCJ set aside and removed ? )

I reckon you could do it, possibly, but it will be an effort and annoy heck out of you as it feels so unfair.

We could write to the judgment holder and ask for their consent to set aside due to the MCOL thing, then tell them you'll be defending on this dodgy £6, stat barred and anything else we can figure out, and if you're going to pay it up, then they might agree so long as you pay your own costs of the set aside application ( would be £100 by consent ).