CCJ on statue barred debt ?

[Turner]

Where do you stand if you have been given a ccj by default on what I understand on a statue barred debt. Please note SB is my understanding and has not been confirmed. I have been chased for a debt from 2004 of which was passed to debt collection agency in 2010. To my knowledge I have not accepted liability of the debt and have made no payments. I have not received any previous letters from the DCA regarding this. The CCJ by default was obtained because I did not respond to the claim form, however I dispute this as I did not receive any paperwork at all. Any advice please.

[FlamingParrot]

Re: CCJ on statue barred debt ?

Where do you stand if you have been given a ccj by default on what I understand on a statue barred debt.
Please note SB is my understanding and has not been confirmed. I have been chased for a debt from 2004 of which was passed to debt collection agency in 2010. To my knowledge I have not accepted liability of the debt and have made no payments.

If no payments were made since 2004, then it would definitely be SBd. There is no need to confirm anything. The onus would be on the creditor to show it's not SBd.

I have not received any previous letters from the DCA regarding this. The CCJ by default was obtained because I did not respond to the claim form, however I dispute this as I did not receive any paperwork at all. Any advice please.

You could apply to have the CCJ set aside since SBd is an absolute defence. Having said that, on your application, you'd have to explain why you did not respond to the claim form. Not receiving paperwork is not a valid reason since there is no requirement to attach any documents to claims issued electronically via the Northampton Bulk Centre.

[Turner]

Re: CCJ on statue barred debt ?

Thanks for the reply.

I have already arranged for a set aside application due to non receipt of the claim form. When I received the CCJ which is a default judgment it states on the form that I did not reply to the claim form, which I dispute. I have no record of this receiving this.

I have received so-called copies of letters from the DCA solicitor that was sent to me chasing settlement of the debt, which is a complete fabrication. Is there any one I can complain to regarding DCA Solicitors producing fabricated documents ? They are obviously stitching me up. Is it normal practive for solicitors to provide copies of letters which they never sent in the first place. From what it appears they knew the debt was SB even though they applied for CCJ against me.

[FlamingParrot]

Re: CCJ on statue barred debt ?

Thanks for the reply.

I have already arranged for a set aside application due to non receipt of the claim form. When I received the CCJ which is a default judgment it states on the form that I did not reply to the claim form, which I dispute. I have no record of this receiving this.

OK, that's much better, sorry I misunderstood what you posted.

I have received so-called copies of letters from the DCA solicitor that was sent to me chasing settlement of the debt, which is a complete fabrication. Is there any one I can complain to regarding DCA Solicitors producing fabricated documents ? They are obviously stitching me up. Is it normal practive for solicitors to provide copies of letters which they never sent in the first place. From what it appears they knew the debt was SB even though they applied for CCJ against me.

In the bigger scheme of things, it doesn't make that much difference whether they sent you letters or not. A debt would be statute barred after six years without payment or written acknowledgment from you regardless of creditor communications. The main point is that you did not receive the claim form to allow you to submit a defence saying the debt was statute barred. Debts are purchased as job lots with very little information from the original creditor, they wouldn't have had statements and historical data to establish one way or another.

I should think you have solid arguments to have the judgment set aside. :thumb:

Complaints against solicitors who have not been instructed by yourself can be submitted to the SRA: http://www.sra.org.uk/consumers/prob...how-report-sra

[nemesis45]

Re: CCJ on statue barred debt ?

What type of account is this?

Statute Barred in England and Wales = 6 clear years with no payments or unequivocal written agreement in that period.

For a credit card or unsecured loan the " clock" starts ticking on the date a contractual payment was due and not made after which no further payment or written admission of liability was ever made.
So effectively 1 month after the last ever payment.

If you go for set aside the fact that the debt was SB before the claim was issued is all you need, had you received and acknowledge the claim originally the defence would have been the same statute barred.
If you are saying you could not respond because you did not receive the claim pack was this because you has changed address?
If so (or some other similar reason) then it is valid for getting the judgment set aside.
You don't need to get bogged down in suppositions

nem

[FlamingParrot]

Re: CCJ on statue barred debt ?

Thanks for the reply.

I have already arranged for a set aside application due to non receipt of the claim form. When I received the CCJ which is a default judgment it states on the form that I did not reply to the claim form, which I dispute. I have no record of this receiving this.

In addition to the N244 application form, you will need a draft order for directions, a witness statement and a draft defence. You will find examples here: http://www.legalbeagles.info/forums/...lication-notes

[Turner]

Re: CCJ on statue barred debt ?

Thanks so much all.

Sorry for my ignorance, but as I have already filed for the N244 application, I have been given a hearing date from my local court office.

Do I now need to draft a defence and post this to the court and to the claimant. I was not aware of this or the exact procedure. I already made a witness statement in my application. Subsequent to this, I sent a letter to the claimant with copy to the court as to why I intend to set a side the judgement.

Nem - with regards the claim form - I did not receive this at all. I dont understand why, as I have not moved recently. The fact that I received the default judgement and not the claim form is a complete mystery to me.

[nemesis45]

Re: CCJ on statue barred debt ?

Hello Turner,

Documents go astray every day, on number or letter out can send an
item miles away form its intended destination and HMCTS don't us any
form of priority postal system.

So not receiving is a good reason as part of the application.

The Defence stand as " Statute Barred When Claim Issued " for both the original claim and for
defence of any action ensuing from the judgment being set aside.

nem

[FlamingParrot]

Re: CCJ on statue barred debt ?

Thanks so much all.

Sorry for my ignorance, but as I have already filed for the N244 application, I have been given a hearing date from my local court office.

Do I now need to draft a defence and post this to the court and to the claimant. I was not aware of this or the exact procedure. I already made a witness statement in my application. Subsequent to this, I sent a letter to the claimant with copy to the court as to why I intend to set a side the judgement.

Did you say it was because the debt was statute barred? If so, that should be enough, as SBd is an absolute defence.

Nem - with regards the claim form - I did not receive this at all. I dont understand why, as I have not moved recently. The fact that I received the default judgement and not the claim form is a complete mystery to me.

Claims are not sent by recorded delivery so they may, on occasion, get lost. The main thing her is to establish that the claimant did have your current address, and it sounds like they did.

In view of the fact that your application meets the two basic points for set aside (i.e. creditor having your address and a solid defence), I don't see any reason why you wouldn't get the judgment set aside. :thumb:

[Turner]

Re: CCJ on statue barred debt ?

Hi, I have received a breakdown of costs from Restons ?? the actual claim which is in dispute is for less an £5K, I dont understand why they are charging me for their time before the court hearing ? Where I stand with this ? Thanks.

[FlamingParrot]

Re: CCJ on statue barred debt ?

Hi, I have received a breakdown of costs from Restons ?? the actual claim which is in dispute is for less an £5K, I dont understand why they are charging me for their time before the court hearing ? Where I stand with this ? Thanks.

Could you post up the document you have received (removing all personal details first)? :typing:

It may well be a scare tactic to get you to withdraw your set aside application.

I don't know what the significance of being under £5k may be, the threshold for small claims has been £10k for a few years now.

[Guest]

Re: CCJ on statue barred debt ?

I think it should be made clear here for the sake of the OP that the SB defence is not available in regard to setting a judgment aside.

The defence here must be that the claim forms where not recieved so she was not able to render the SB defense.
If she had the opportunity and did not raise the SB issue the judgment will stand, SB does not bar a judgment if the argument is not raised.

[FlamingParrot]

Re: CCJ on statue barred debt ?

I think it should be made clear here for the sake of the OP that the SB defence is not available in regard to setting a judgment aside.

The defence here must be that the claim forms where not recieved so she was not able to render the SB defense.
If she had the opportunity and did not raise the SB issue the judgment will stand, SB does not bar a judgment if the argument is not raised.

To be successful, an application to set aside a judgment should be supported with a draft defence to show the court that, should the claimant decide to re-issue proceedings, they could be successfully defended. SBd is an absolute defence so the OP would use that on their draft defence to go alongside the set aside application.

The application would be on the basis that they did not receive the claim form so they did not have the opportunity to defend the claim.

[Turner]

Re: CCJ on statue barred debt ?

The set aside application had been rejected. Had my hearing in court for which I did not even get the chance to explain my reasons!

I have made no admission of the claim to the DCA or solicitor. I would just like to have the CCJ off my records. Do you think a tomlin/full and final offer on the condition to remove the CCJ may work ? Bearing in mind I do not know what the claim is for, never received any chasers from DCA, I do not have the deed of assignment or CCA document, also claim is SB ! Any help pls!!

[Turner]

Re: CCJ on statue barred debt ?

Any help ?