Ccj on debt that is over 8 years since any contact

[Maryshelly]

Hi and thank you first for any help or guidance offered.
on changing my job I have been made aware of a ccj set in June this year at an address not lived at in 6 yrs so I had no knowledge this was happening. I belief it is an old credit card debt from 2007/8 so well over 6 yrs and would be statue barred. What can I do? Can I have the CCJ removed? And if so what is the method?
Thanks again.

[nemesis45]

Re: Ccj on debt that is over 8 years since any contact

Hi and thank you first for any help or guidance offered.
on changing my job I have been made aware of a ccj set in June this year at an address not lived at in 6 yrs so I had no knowledge this was happening. I belief it is an old credit card debt from 2007/8 so well over 6 yrs and would be statue barred. What can I do? Can I have the CCJ removed? And if so what is the method?
Thanks again.

Hi welcome to LB,

You will have to apply to the court for the judgement to be set aside application fee is £155.00.
To achieve set aside you must have a defence to the original claim that has a reasonable chance
of success.
In this case you would need to show that the debt was statute barred in the date the claim was issued.

You say above that the debt is from 2007/2008 is this when payments/contact with the creditor ceased?

Statute Barred in England and Wales = 6 clear years with no payments or unequivocal written acknowledgment
of the debt.

You need to know the date of the last payment/acknowledgment as the 6 year clock starts approx. 1 month after the payments cease
e.g. The date a contractual payment was due and not made after which no further payment or written acknowledgment was made.
Who obtained the CCJ?
Do you know when the account was defaulted?

nem

[judgemental24]

Re: Ccj on debt that is over 8 years since any contact

Failing to inform creditors of a change of address and/or other contact details, and then claiming to be unaware of the Court action is unlikely to impress the Judge as it is your duty to keep creditors informed of any such changes.

But do try if statute barred, the judge can only say no

[nemesis45]

Re: Ccj on debt that is over 8 years since any contact

Did the original creditor file this claim or a debt purchaser, it's no unknown for
debt purchaser to send claims to what they allege is the " last known address",
and after 6 years I would expect your current and previous addresses to be on
credit reference files and you would be easy to trace.

nem

[Maryshelly]

Re: Ccj on debt that is over 8 years since any contact

i dont know who applied for the CCJ, I am waiting to hear from the court. But I haven't had any contact or paid any money that I know for a fact. I havent had any credit since my divorce 2006 and that wouldn't have been the address for the debt. They must have just found an old address and thought that will do.

- - - Updated - - -

I suspect it will be debt agency. But have to wait for certainty. My current address is on credit file as I did a experien check myself to see what this was. So they could have informed me at my address and then I could have told them it was statute barred. Perhaps that's why they picked an old address!?

[Maryshelly]

Re: Ccj on debt that is over 8 years since any contact

i dont know who applied for the CCJ, I am waiting to hear from the court. But I haven't had any contact or paid any money that I know for a fact. I havent had any credit since my divorce 2006 and that wouldn't have been the address for the debt. They must have just found an old address and thought that will do.

- - - Updated - - -

I suspect it will be debt agency. But have to wait for certainty. My current address is on credit file as I did a experien check myself to see what this was. So they could have informed me at my address and then I could have told them it was statute barred. Perhaps that's why they picked an old address!?

- - - Updated - - -

I did check my experien file and current and addresses in between are shown so they could easily have written to me at correct address. I suspect they chose to ignore this and go for an old address so the CCJ could be set. But can I remove it if this is the case?

[judgemental24]

Re: Ccj on debt that is over 8 years since any contact

Why do i smell "Uncle Bryan" again

That man must be in his eighties , it is about tme he was put out to graze

[FlamingParrot]

Re: Ccj on debt that is over 8 years since any contact

Hi and thank you first for any help or guidance offered.
on changing my job I have been made aware of a ccj set in June this year at an address not lived at in 6 yrs so I had no knowledge this was happening. I belief it is an old credit card debt from 2007/8 so well over 6 yrs and would be statue barred. What can I do? Can I have the CCJ removed? And if so what is the method?
Thanks again.

You would need to apply for set aside. The method is to fill in an N244 application form and pay a fee of £155 although you could qualify for fee remission in certain cases, see here: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

You'd need a solid defence to the claim and statute barred is the best there is, as it's an absolute defence. You may want to look at the links below where you'll find the set aside process explained in detail. Any questions just post up. :typing:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

[nemesis45]

Re: Ccj on debt that is over 8 years since any contact

i dont know who applied for the CCJ, I am waiting to hear from the court. But I haven't had any contact or paid any money that I know for a fact. I havent had any credit since my divorce 2006 and that wouldn't have been the address for the debt. They must have just found an old address and thought that will do.

- - - Updated - - -

I suspect it will be debt agency. But have to wait for certainty. My current address is on credit file as I did a experien check myself to see what this was. So they could have informed me at my address and then I could have told them it was statute barred. Perhaps that's why they picked an old address!?

- - - Updated - - -

I did check my experien file and current and addresses in between are shown so they could easily have written to me at correct address. I suspect they chose to ignore this and go for an old address so the CCJ could be set. But can I remove it if this is the case?

Have you checked Trust online for the judgement.

The suspects for obtaining judgement this way are Lowell/Cabot/MKDP / 1st Credit.suspect solicitors Bryan Carter./Reston .
I think this looks like a deliberate move by a debt purchaser who may now suddenly will have checked your credit file and will write " reminded" you they have obtained judgement so watch your post.

nem