I have a qestion one of my friends have recieved a letter stating Baliffs will attend in 14 days to remove property for a very old debt from HSBC which was sold on to PRA Group Ltd.

After checking her credit file a CCJ was issued against her for her debt by PRA Group Ltd in Oct 2016.

The thing is the debt was Statute Barred when the CCJ was issued so surely it is not enforcible, any suggestions on how to proceed would be greatfully received.

I have a qestion one of my friends have recieved a letter stating Baliffs will attend in 14 days to remove property for a very old debt from HSBC which was sold on to PRA Group Ltd.

 

After checking her credit file a CCJ was issued against her for her debt by PRA Group Ltd in Oct 2016.

 

The thing is the debt was Statute Barred when the CCJ was issued so surely it is not enforcible, any suggestions on how to proceed would be greatfully received.

Who is the letter from?

How much is being requested?

Did your friend receive the summons?

Did your friend defend the proceedings?

Any CCJ is enforceable even one where the original debt was statute barred.

To stop the bailiff your friend will have to apply to the Court to have the CCJ set aside.

If your friend knew of the Court case and didn't go, then the Court may not allow the set aside

regardless if it was statute barred.

If your friend knew nothing about the Court case usually because her previous address was used by the new creditor then that can lead to the CCJ being set aside but is not guaranteed since Courts do expect debtors to update their creditor with changes of address.

The cost of the set aside is £255 and there will need to be a good reason for it to be granted.

Some sort of proof that it was statute barred at the time of the Court case would help though PRA may have some indication that they are right as one only has to acknowledge the debt in writing [in this case perhaps when the debt was sold on] .

The six years then starts from that letter rather than when the last payment was made.

So one has to be sure that the debt was out of time otherwise not only has £255 been wasted but the bailiffs will be calling too which will add a further £235 to the debt.

The letter from the bailiff should give notice of when they will call round to collect the debt if no offer of payment has been accepted in the meantime.

The fact that the original debt may or not have been barred is irrelevant.

The bailiff has a current instruction from the Court which he must carry out.

If the decision to set aside is made by the Court only then will bailiff action cease so time is of the essence to get things moving.

It would be easier to get your friend to continue this rather than you partly because of time constraints and also to confirm whether a set aside is possible and whether the bailiff and their actions are being carried out correctly.

Ramsdenrik I see that you have asked the same question on another sector of the forum.

Please do not do that as it only duplicates the work of the members.

You have been asked a number of questions on the other thread by Bailiff Advice who is very well qualified to handle the situation.

If you could kindly answer the questions on there and not respond on this thread it should clarify matters for you on what must be a worrying time.

threads merged.

as above advise.

go tell your friend to ring northants bulk.

ask for a copy of the claimform and the CCJ to be emailed too them.

it will be a court bailiff that has contacted him

in a way they are your friend

and don't work on fees commission so unlike what you see on tv

they will help you in a way

but you must do things the right way.

we need to know if the judgement was forthwith or pay monthly too.

IF he has indisputable written evidence that the claimform was issued after a period of 6yrs

then, it might pay him to ring the claimant directly and ask them to cancel the CCJ by mutual consent FOC, which they can do saving the £255 set aside fee

sometime they will.

but you MUST contact the court bailiff directly and tell him what is going on.