Statute barred followed by warrant of control

[L12]

I received a letter regarding an outstanding debt from years ago ( over 6 years )
I sent the debt collection company a statute barred letter stating that I neither acknowledge the debt and have had no correspondence nor paid anything for well over the 6years for a debt to become statute barred and they still obtained a county court judgment and have now issued a notice of issue of warrant of control , they did not comply with evidence I requested that this debt is not legally barred '

what can I do

[welshspark]

Re: Statute barred followed by warrant of control

HI there

Someone probably smarter than me will be along shortly... lol

Did you ever recieve the claim form for the CCJ? or was it sent to your previous address.. ?

Im only asking because if they sent to your previous address and you did not reply they would have won by DEFAULT.

You should be able to apply to the courts to set aside on this basis, that it was served incorrectly, at your previous address.. and also you have a pretty solid defence in that it was statute barred.

Are you sure there was no payments made in the 6 years ?

what evidence did you request ? , your probably better off getting a list of statements from your bank accounts, to see when exactly the last time you paid was.

sure someone else will be along shortly, to correct anything ive said which is incorrect! lol

[righty]

Re: Statute barred followed by warrant of control

When they made the application you should have received a copy if you didn't then this adds to an application to set aside Also please confirm its not a debt secured by deed such as a mortgage or other secured loan (limitation 12 years not 6) If not you must apply to the court to have it set aside. Also as its statute barred and they shouldn't have made the application in the 1st place you should also seek costs from the DCA includng reporting them to the relevant authorities

[righty]

Re: Statute barred followed by warrant of control

Default or not if it's statute barred then they should not have made the application in the 1st place

[righty]

Re: Statute barred followed by warrant of control

Also they could claim that your last address as the only one known to them which would mean the court will accept that the you HAVE received notification (stupid I know but he ho! that's how some of our courts think) HOWEVER as you have been in touch with them (& can prove it) they can't (but might still) try to use that excuse