Default CCJ on Statute barred debt. Plan to set aside.

[Guest]

Good evening,

I am looking for some advice on how to go about setting aside a ccj on the basis it is statute barred.

I took out a car finance in 2008 at my previous address with Park motor finance. I paid some but eventually went into arrears and ended up defaulting. I moved to new address in 2011 and made no further payments, the debt appears to have been sold to bluestone credit management then maybe sold again to cabot finance as these are the ones who ultimately filed a ccj against me feb 2018 Mortimer Clarke have been chasing me for the money since, attempted to do attachmwnt to earnings but this didn't work as I am self employed. Since then I have paid around 300 off to mortimer (8k debt).

I don't dispute the debt however, on looking into my creditfile which I've never really done, I realised (after finding out on thia forum) that the debt should have been statue barred at the tim ccjj was issued and had i defended the case i would have been able to do so on those grounds.

Now onto that, in the months before ccj was issued I was really ill as i have crohns disease, I had lost loads of weight and was rushed into hospital with septicaemia, only to discover I had a perforation of the bowel and needed emergency surgery to have part of this removed. I was in hospital for 5 weeks and then at home recovering for a further 5 months but before I was finally well enough to return to work. I don't remember receiving the letter regarding court action but to be fair thatbwould have been thr last thing on my mind.

Would this be a good enough excuse for a defence or would It be deemed that I should have been able to defend regardless.

Just to add i was living with my mother at a different address to where the papers would have been served at the time i was ill. Probably have letters around that date with my name and mothwrs address on. Could I argue that I may not have received them due to this and also due to the fact I was ill and even if I had, this woild be a good enough reason for not defending anyway.

Finally I would like to add that the reason for the delay in attempting to get this set aside would be due to the fact I have not long discovered this on my cresit file so only became aware it may be statue barred after further investigation. So basically wouldnt have been aware of my legal rights at the time.

I have sent an SAR to mortimer and Clarke as i know there will be no record of any payments or written contact in the six years prior to ccj, unless they have added a bogus payment on there.

Would they have access to my payment history for 6 years prior ccj considering there client cabot financial dis not own the debr that long?

Would really appreciate some advice and would like to know if i have a chance of getting this removed and also what step to take next now i have received a response from sar request asking for more info due to security.

Many thanks.
David.

[Dapand]

Any help would be appreciated.

David.

[Dapand]

This was the reply I received from Mortime & Clarke:



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[Cinderella66]

What dates did you make payments?

[Dapand]

End of 2019 some early 2020. Paid since the ccj was issued not before.

Thanks.

[Dapand]

Sorry I mean I made the payments since it was issued, debt still outstanding (7.7k)

[Dapand]

If anyone could point me in the right direction I would really appreciate it, don't want to respond to them just yet until I've received some advice. Thanks.

[Dapand]

Hi there,

For anyone who may be interested. Success. I've managed to get this set-aside. The ccj has been cancelled and removed from my credit report. The debt was statute barred as I had claimed, but didn't need to go to court to get this sorted. I queried this with mortimer Clarke and they put the account on hold to investigate, I did however miss that email as it went into junk so was unaware they had responded. By chance, I found the email after searching for mortimer in my inbox, then again by complete chance (or good timing) 2 days later I received a notice of discontinuance from mortimer with a letter saying there client Cabot believe the debt also to be statute barred and here by apply to set aside judgement by way of "notice of discontinuance" I assumed this meant it would be set aside but after checking online realised it was just a notice of discontinuance to the court stating they were no longer pursuing me for the debt and the ccj would remain. However, I then received a "general form of judgement or order" from the court stating that "that upon the claimaint having filed a notice of discontinuance and upon considering the defendanys application (I made no application so not sure if they done it on my behalf!?) IT IS ORDERED THAT;
1. The judgement entered herein be and is set aside. It has come to the claimants attention that the debt was statute barred prior to the claim.
2. The registration entry be and is hereby cancelled
3. There be no order as to costs"

I've checked registry and CRA reports and it has been completely removed. Only took about a week from judgemenr being made to this being reflected on all credit reports.

I hope this helps give someone the motivation and possible ammo they need to get a ccj overturned due to beleif the debt was statue barred when ccj by default was entered. Over 2 and a half years from receiving ccj to me doing anything about the case and seem to be set aside very easily.

Maybe I was lucky or maybe its just is that easy with the correct advice (which I received by reading through posts on this site)

Thank you.

[SNE]

Hi there,

For anyone who may be interested. Success. I've managed to get this set-aside. The ccj has been cancelled and removed from my credit report. The debt was statute barred as I had claimed, but didn't need to go to court to get this sorted. I queried this with mortimer Clarke and they put the account on hold to investigate, I did however miss that email as it went into junk so was unaware they had responded. By chance, I found the email after searching for mortimer in my inbox, then again by complete chance (or good timing) 2 days later I received a notice of discontinuance from mortimer with a letter saying there client Cabot believe the debt also to be statute barred and here by apply to set aside judgement by way of "notice of discontinuance" I assumed this meant it would be set aside but after checking online realised it was just a notice of discontinuance to the court stating they were no longer pursuing me for the debt and the ccj would remain. However, I then received a "general form of judgement or order" from the court stating that "that upon the claimaint having filed a notice of discontinuance and upon considering the defendanys application (I made no application so not sure if they done it on my behalf!?) IT IS ORDERED THAT;
1. The judgement entered herein be and is set aside. It has come to the claimants attention that the debt was statute barred prior to the claim.
2. The registration entry be and is hereby cancelled
3. There be no order as to costs"

I've checked registry and CRA reports and it has been completely removed. Only took about a week from judgemenr being made to this being reflected on all credit reports.

I hope this helps give someone the motivation and possible ammo they need to get a ccj overturned due to beleif the debt was statue barred when ccj by default was entered. Over 2 and a half years from receiving ccj to me doing anything about the case and seem to be set aside very easily.

Maybe I was lucky or maybe its just is that easy with the correct advice (which I received by reading through posts on this site)

Thank you.

Hi Dapand, can you list the steps you took to resolve this please? Did you request a Subject Access Request from Mortimer Clarke before you completed the n244 form or file the n244 form first? Did you request for anything specific in the SAR or just use the generic template on here?