Statute Barred vs CCJ

[cheekymonkey1971]

Hi guys, I need your help.

An account for an online catalogue was opened 03/02/2008. No payments hve been made to this account since opening and no acknowledgement has been made for the debt.
The debt went into default on 20/03/2009. I have found recently that a CCJ has gone onto my Credit Report and the judgement date was 01/08/2014.
I did not recieve any notice of this County Court Judgement as I had moved in 2013. My new address went onto my Credit Report as soon as I moved.

#1 Is the debt now "statute barred" as no payments or aknowledgement was made within 6 years of the account being opened? If so, that would mean it was statute barred on 03/02/2014 so no Court Action should have taken place.
#2 What can I do regarding the CCJ if it is Statute Barred?

Thank you in advanced for your help

[FlamingParrot]

Re: Statute Barred vs CCJ

Hi and welcome

I'm sorry your first post was missed: http://www.legalbeagles.info/forums/...722#post490722

An account for an online catalogue was opened 03/02/2008. No payments hve been made to this account since opening and no acknowledgement has been made for the debt.
The debt went into default on 20/03/2009. I have found recently that a CCJ has gone onto my Credit Report and the judgement date was 01/08/2014.
I did not recieve any notice of this County Court Judgement as I had moved in 2013. My new address went onto my Credit Report as soon as I moved.

#1 Is the debt now "statute barred" as no payments or aknowledgement was made within 6 years of the account being opened? If so, that would mean it was statute barred on 03/02/2014 so no Court Action should have taken place.

The cause of action would have been when you first missed a payment and not when you opened the account, so at least a month after that. The clock would have stopped when proceedings were issued. If judgment was on the 1st of August, that means they must have been issued in July. If a claim is not acknowledged within 14 days the claimant can apply for default judgment. Even making allowances for the above, I'd say it would have been SBd when proceedings were issued. :thumb:

However, that doesn't mean court action cannot take place. The courts have no records of SBd debts and a claim issued for a SBd debt has to be defended to avoid judgment being entered.

#2 What can I do regarding the CCJ if it is Statute Barred?

Thank you in advanced for your help

You could apply to have the judgment set aside on the basis that you did not receive the claim form and had no opportunity to defend a debt that was SBd. SBd is an absolute defence so you should have been able to avoid the CCJ if you had received the claim. The fact that your new address went on your credit report will be a big help. :thumb:

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. Most applications are dealt with at a hearing.

[cheekymonkey1971]

Re: Statute Barred vs CCJ

Hi, another question for you...

The account was opened on 20/02/2008 and the default date was 20/03/2009. Now from my understanding, the default date is not the date that the 6 years for Statute Barred starts, am I correct in thinking that? No payments were made to this account for one reason or another.

Thank you for your help

[Amethyst]

Re: Statute Barred vs CCJ

Stat Barring date could be taken from the date your first payment was due and not paid - as that would constitute a cause of action. As it is a catalogue there may be something argumentable if there was a 6 month interest free/payment free type set up ad they wouldn't be entitled to enforce until a payment was actually due and owed and missed.