CCJ

[parkwood]

Help... I received a court claim pack from Shoosmiths solicitors and i filled it in admitting the debt for overdraft from i think 6yrs ago for £3000 more or less
I filled in the expenditure sheet stating i was reliant on disability benefits totally, have no savings,car etc and offered £5 a month and returned everything well within the time frame to Shoosmiths as instructed to do so,,,
I have now received today a court order CCJ has been done against me and it say's that i did not respond and must pay the full amount at once
I did and sent it all back but Shoosmiths sent me a letter after this court date asking me to provide them with proof from DWP of my benefits which takes weeks to get as I have to request that information by wring to DWP
What do I do now please I cannot pay this and i did respond on time ????

[Guest]

Re: CCJ

Whoo hang on

You realise that if no acknowledgment has been made the debt is statute barred after 6 years.
Was the letter you returned your first acknowledgment of the debt for six years?

It may be worth your while agreeing that you didnt respond and they are correct.

Peter
.
Peter

[parkwood]

Re: CCJ

Thanks for reply
shoosmiths said when i rang them the day I received the court papers that as it is an overdraft debt that it won't be statue barred as this is on a halifax bank account and the clock would start from when the account closed not from when the overdraft was taken out.........I did stop the account as they were taking charges from it and i have not used it for years
I have no paperwork and did not contact all the DCA's which are about 5 different ones in all before Shoosmiths.
So how do i find out how long ago this was and what do I do now there is a CCJ and ordered me to pay it all at once because the court says i did not respond when I did but to Shoosmiths as instructed to do plus i stupidly admitted the full amount as I was in a panic??

[postggj]

Re: CCJ

do you know the date the last payment 'YOU' made into the account or withdrawn money

you need to contact the court pretty quick (phone them if you have to ) and state you will be now defending all the claim after taking advice or you will end up with a ccj by default

[teaboy2]

Re: CCJ

If your last payment/withdrawal made by you was more than six years the account is inactive even if still open. An account can be statuted barred after 6 years of the last activity you had with the account (There taking charges does not change that) So what shoosmith told you is aload of bull to be honest.

You need to apply for a set aside using form N244 on the grounds that the debt is statuted barred and therefore can not be enforced by the court, as it has been more then six years since the account was used by yourself and no acknowledgement of the debt was made in that period.

But make sure you find out the dates you last used the account first. though to be honest they probably won't have a record of when you last used it either withit being 6 years, thoughs sending SAR asking for the last 6 years worth of statements would show when or if you had used the account within the last 6 years.

By the way if you live in scotland it will be 5 years not 6 years.

[labman]

Re: CCJ

Don't send an SAR asking for just the last 6 years statements, send a full SAR, including a request for statements from the last 6 years. I know this is what teaboy meant, but just to clarify. By doing a full SAR you'll get all the data they hold about you.

[teaboy2]

Re: CCJ

Don't send an SAR asking for just the last 6 years statements, send a full SAR, including a request for statements from the last 6 years. I know this is what teaboy meant, but just to clarify. By doing a full SAR you'll get all the data they hold about you.

Yeah that was what i was meaning - Thanks Labman