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CCJ

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  • CCJ

    Hello everybody, new to posting but long time lurker. I have just got my credit report to find a CCJ against me in nov 2018 for loan that defaulted in jun 2009. Also the court letter was sent to an address I’ve never lived at. Surely there’s something to do about this as it’s well past the 6 year statute barred and I didn’t receive the letter. I have now realised that on my credit report is my brothers address who I no longer talk to and therefore the letter for court was sent to him and not me and I was not notified. I have never lived at that address.
    Any help here please.
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  • #2
    You may apply to set the judgement aside pursuant to CPR 13.2 & 13.3 due to not receiving the claim form.

    It would be advisable to contact the claimant and request their consent as this reduces the fee from £255 to £100 to apply. Give them a 7 days deadline to respond and if they do not then apply without consent.

    In the meantime send a Subject Access Request Letter to the original creditor to see what they have in terms of paper work.

    Regards Stat Barred, it only become stat barred 6 years from the default date of date of last payment, whichever is the latter.

    If successful in set aside there are further things you will do before filing a defence as you will want to rely on as many legal points to defend as opposed to just Stat Barred.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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