Registered County Court Judgement

[bobneedhelp]

I have a letter from Cope's Solicitors stating that they have applied for a CCJ against me - debt of around 10K.

History- i inherited debt from previous marriage in early 90's and since 91/92 I have repay small agreed amount to the loan companies without fail. Despite this the loan company have continue to pressure me for more money which I cannot pay.

I do not even know if I owe this money or that much money anymore since I went off sick with stress and depression in around 99/2000, and eventually have to resign from my work. Because of this stress, I stopped paying and also stopped communications as I was staying at different places - mainly with family, relatives and friends for help and support for several weeks at a time.

From 2000 onwards, as far as I can remember there has been no correspondence with any of the DCA until now in 2008. This Cope's Solicitors have stated that there is a Registered CCJ made against me.
Due to my staying over at friends and family, I have not reply to any of the letters since they started arriving early 2008. Some letters got resend back by my nephew and others just pile high.

Until Today, with help and support from forum members, i managed to open all remaining letters and made a forward move in dealing with one DCA who has put an Interim Charge Order against me - forum member surfaceagentx20 was the main person helping me and with his help I am going to the court tomorrow to hand in some papers. The many others at the forum have offered moral and psychological support which was very invaluable too.

Now I am in need of HELP again on this matter from Cope's Solicitors - As mentioned I did not open letters until today, Cope's or their appointed DCA wrote to me early 2008 and as I did not open letters, Cope's have taken advantage for non-reply, defaulted me and managed to get a Registered CCJ against me.

By going through what I have been reading in the forum, these are very old debt which was taken out in the late 80's / early 90's (I made small repayments (as negotiated by my divorce lawyer) until 99/2000) and then stopped payment and communications from 2000 until 2008. Does this mean the debt is status barred since it is well over the 6 years since I made the last payment (this I read and learn today assuming that I am right of course)

Now, I need help to tackle this one - I have not a clue where to start, what and how to write, who to write to or just wait until the next letter arrives through the letterbox and go from there. Although I have somewhat gone through one major hurdle today, I have now another put in front of me - sigh!.

Finally, I have a few other loans from various DCA (all of which I stopped paying and communications in 99/00), they might register a CCJ against me at some stage -until that happens I will deal with them but for now PLEASE HELP ME to get something done with Cope's - many thanks in advance.

[postggj]

you are correct
any account over six years old that you have made no payment to and have had no contact with the creditor or dca is statute barred.
also if the account you have a ccj against is statute barred, this may be grounds to have it set asside.
not sure so some one will confirm that one as ccj has been granted

if they have a ccj in a statute barred debt, they have some explaining to do

[bobneedhelp]

i have lost letters from arrows and copes or from the court as these might have been resent back by my nephew. So I am again stuck?

surfaceagentx20 have mentioned that the case number might indicate that this is a case issued either [1] online over the internet or [2] out of Northampton - HOW CAN I FIND THIS OUT? can anyone enlighten further please?

[bobneedhelp]

postggj ..but i have not communicated with them to state that the debt is status barred so does this matter or not? does anyone knows how to work through this area? what else that can be done ...or just wait for their next move and letters coming then ...seek further advice here again ....sigh!

[postggj]

ill try to explain a bit
dca buy debts from creditors in there thousend on a cd.
they contain name ,adress ammount , etc. no agreements.
first thing you need to do is send a cca request to your creditors and dca.
ask also for statement of account. this will show when the last payments were made. tell them you consider the accounts to be statute barred and that the accounts are now in dispute. that goes for any solicitors as well.
send by recorded delievery with a £1 postel order for each one, print your name ,never sign
if you cant find the templates let me know.

its down to the creditors/dca to proove the accounts are not statute barred.
from what you have told so far, its looking good

[postggj]

if you contact northampton county court, with your details, they will do a search for you and give you all the info

[postggj]

you say cope solicitors have applied for a ccj
before we jump the gun, have you received a county court claim n1 from the court
what date is the letter from cope solicitors saying they have applied for a ccj

can be easy to defend if statute barred

[OLIVE.FAMILY]

Bob believes that any court papers could have been returned to sender by a nephew who was staying whilst Bob was away.

That is excellent advice postggj.

olives xx

[bobneedhelp]

how do you defend when it is statute barred ...in the first place I need to write to them stating that it is statute barred, don't I? and what do i write in this letter? I really do not know.

[bobneedhelp]

called Northampton Court - No answer so will keep trying.

In the meantime, what else can be done because now I am worried that if there is a CCJ against me for an old debt (might be statute barred?) it will end up with another charging order.

[bobneedhelp]

postggj - you mentioned that it can be easily defended if it is statute barred - please can you tell me how to:

1. Established that it is Statute Barred when a CCJ has been made against me (I am assuming so since I do not have the letters from court, only letter from Cope's saying so with Claim Number)
2. Is there any letter's/templates which I can use to write to them - Is it ADVISABLE to do so?

[bobneedhelp]

Olive - hello again and thanks for being here to help and support - I appreciate this very much.

[sequenci]

Originally Posted by bobneedhelp

1. Established that it is Statute Barred when a CCJ has been made against me (I am assuming so since I do not have the letters from court, only letter from Cope's saying so with Claim Number)
2. Is there any letter's/templates which I can use to write to them - Is it ADVISABLE to do so?

I wrote something stupid and have just re-read your post. ignore me!

[Castlebest]

Hiya Bob, as has already Been said you need to check on the status of the court claim with Northampton to find out whether the CCJ has been issued yet or if you still have time to defend so keep phoning them

Again as has already been said by postggj you need to send off a Consumer Credit Act section 77-79 letter, the template is here (letter "N")
Creditors and DCAs - Letter Templates & Budget Planner

Here's some background on setting aside CCJ's from the National Debtline

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

These situations can be very stressful and confusing, it may pay you to phone up the national debtline and make an appointment to see one of their advisor's (its free) to get face to face advise and help about your problems (the phone number is on the site posted above).

pete

[sequenci]

Originally Posted by Castlebest

These situations can be very stressful and confusing, it may pay you to phone up the national debtline and make an appointment to see one of their advisor's (its free) to get face to face advise and help about your problems (the phone number is on the site posted above).

pete

NDL advisors are telephone / e-mail only. They can refer to a local face to face adviser at a CAB with the same training

We are, however, on hand to help right here on this very forum. There are a few trained debt advisers who work right here, myself included!

[bobneedhelp]

Hi postggj
The date on the letter is 24/4/08. There is a Claim No. (I should not put it here!) and a debt value as well as Our Client and Copes reference. I have not seen the form from the court - not sure whether it has been resend back by my nephew! But in reality, I can say I am stress but making myself face this - hope you can somewhat understand my situation. Thanks.

[bobneedhelp]

Pete,
Thanks very much for immediate information to start on - I am reading it and will get this letter to them as suggested. I will also call National Debtline for advise.
Today, I did a brave thing after many years - I went to the court to hand the N244 to get a Charging Order put aside. I am now awaiting a date for this Hearing which is in beginning of September I think. I will need help there on what to say at this hearing AND also learning to deal with this CCJ from another DCA.
Thanks very much all - please bear with me!