CCJ after 10 years from Student loans!!!

[headingleyjr]

Just got home this evening and Leeds City council have sent me a ' notice of application for attachment of earnings order' and an explanation stating that the STUDENT LOANS COMPANY obtained a judgement against me.

I have never received any CCJ in the first place, it's not on my file - not yet anyway just checked them all.

There is no date when the CCJ was obtained and other than the forms which are dated the 21/09/2007 ASKING FOR PROOF OF EARNINGS this is all I have received in 10 and a bit years - bty I HAVE 8 DAYS TO RESPOND OTHERWISE THEY ARE CONTACTING MY EMPLOYER for proof of earnings.

The SLC gave me a loan back in 1997 in fact it may have even been 1996 for my last year finishing may 1997.

I have not had any correspondence from them - NEVER...EVER!

This is bizarre, i have never paid ANY money back to them as I couldnt afford it. Stupidly I never contacted them and have moved so many times since UNI, therefore I never received anything in the post.

What do you do?

Is this Statue Barred???

Surely it is and I have never admitted this debt to them either.

Does my case start with the council and how the hell can they adminster a CCJ for a debt so old.

Any advice most welcome...

Is it possible that this is a very old CCJ and if so why has it not been on my file, I have checked it isn't...!!!

Regards

HeadingleyJR
vbrep_register("1146534")

[tomterm8]

Originally Posted by headingleyjr

Just got home this evening and Leeds City council have sent me a ' notice of application for attachment of earnings order' and an explanation stating that the STUDENT LOANS COMPANY obtained a judgement against me.

I have never received any CCJ in the first place, it's not on my file - not yet anyway just checked them all.

There is no date when the CCJ was obtained and other than the forms which are dated the 21/09/2007 ASKING FOR PROOF OF EARNINGS this is all I have received in 10 and a bit years - bty I HAVE 8 DAYS TO RESPOND OTHERWISE THEY ARE CONTACTING MY EMPLOYER for proof of earnings.

The SLC gave me a loan back in 1997 in fact it may have even been 1996 for my last year finishing may 1997.

I have not had any correspondence from them - NEVER...EVER!

This is bizarre, i have never paid ANY money back to them as I couldnt afford it. Stupidly I never contacted them and have moved so many times since UNI, therefore I never received anything in the post.

What do you do?

Is this Statue Barred???

Surely it is and I have never admitted this debt to them either.

Does my case start with the council and how the hell can they adminster a CCJ for a debt so old.

Any advice most welcome...

Is it possible that this is a very old CCJ and if so why has it not been on my file, I have checked it isn't...!!!

Regards

HeadingleyJR
vbrep_register("1146534")

It sounds like a fishing exercise. i would contact the national debt line, does your letter have any claim number / court address?

I've PM'd a site helper to have a look, since I don't know much about student debts.

[rory32]

Roughly how much do you earn?

As this a pre-1998 student loan it is a mortgage style loan which is governed by a credit agreement. How much was the original student loan roughly?

[sequenci]

We really need to know when the judgment was entered, have you tried contacting the register of court orders, fines and judgments?

If the judgment was entered recently there could well be an argument for the debt being stat barred. If the judgment was obtained ages ago we might be able to challenge the enforcement due to time.

[headingleyjr]

Originally Posted by sequenci

We really need to know when the judgment was entered, have you tried contacting the register of court orders, fines and judgments?

If the judgment was entered recently there could well be an argument for the debt being stat barred. If the judgment was obtained ages ago we might be able to challenge the enforcement due to time.

I suppose my next port of call is the courts, this is definetly a fishing exercise due to the lack of information available to me.

I have a name of a person who compiled the documents and a reference number/case number.

Is it wise to call the courts first off?

Also I do not have any paperwork for the loans - there were two taken out between 1995 term beginning and also 1996 - they were both definetly taken out before 1998. Also what does the total and my earnings have to do with anything? That will not make a difference to the CCA status surely???

Thanks for your help guys,

If I could just have a bullet point step by step plan of action...

for example

Contact the courts

Gather information

Report back - via PM of course

Construct legal documents etc

[sequenci]

Originally Posted by headingleyjr

Also what does the total and my earnings have to do with anything?

If they are looking to enforce via Attachment of Earnings they will need to know the amount they can take each month.

We need to move fast on this one sir

[headingleyjr]

Originally Posted by sequenci

We really need to know when the judgment was entered, have you tried contacting the register of court orders, fines and judgments?

If the judgment was entered recently there could well be an argument for the debt being stat barred. If the judgment was obtained ages ago we might be able to challenge the enforcement due to time.

By the way the judgement was not entered ages ago, I am certain of this as I got my mortgage back in 1999 and I had no CCJ's registered against my name and I currently have none as we stand from this company.

This means it is a very recent judgement waiting to pop up on my credit report - I am in constant contact with Call Credit Experian and Equifax so I know exactly what has and curently is on my report.

Thanks again

Jonathan

[sequenci]

How do I apply for a set aside?

You need to ask the court for a general application form called an N244. You should fill in the N244 to include the following information:

• the claim number of the case and details of the creditor or 'claimant';
• the reason for your request to set the judgment aside in Part A on the front of the form.
• In Part B you should tick the box saying you reply on the evidence in 'Part C'.
• In Part C on the back of the form you need to include any evidence you have to support your case such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included.

INFORMATION

A sample application N244 is attached.

• Sign the statement of truth on the bottom of the form.
• Send the form back to the court and remember to keep a copy.

You must fill in Part C on the N244 to outline your evidence in support of your application and to include brief details of any defence.
You should explain any delay in making the application.

ADVICE

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.
Even if the case began in a different court, it will be transferred for a hearing in your local county court in private with a district judge.
The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment.

What happens next?

The court may send you a date to go to a court hearing to discuss the reasons for your application with a district judge. The application will be transferred to your local county court for the hearing. In some circumstances the court can decide to allow your application without the need for a hearing.
If this happens, you will hear back from the court that the judgment has been set aside.

[headingleyjr]

Originally Posted by sequenci

How do I apply for a set aside?

You need to ask the court for a general application form called an N244. You should fill in the N244 to include the following information:

• the claim number of the case and details of the creditor or 'claimant';
• the reason for your request to set the judgment aside in Part A on the front of the form.
• In Part B you should tick the box saying you reply on the evidence in 'Part C'.
• In Part C on the back of the form you need to include any evidence you have to support your case such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included.

INFORMATION

A sample application N244 is attached.

• Sign the statement of truth on the bottom of the form.
• Send the form back to the court and remember to keep a copy.

You must fill in Part C on the N244 to outline your evidence in support of your application and to include brief details of any defence.
You should explain any delay in making the application.

ADVICE

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.
Even if the case began in a different court, it will be transferred for a hearing in your local county court in private with a district judge.
The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment.

What happens next?

The court may send you a date to go to a court hearing to discuss the reasons for your application with a district judge. The application will be transferred to your local county court for the hearing. In some circumstances the court can decide to allow your application without the need for a hearing.
If this happens, you will hear back from the court that the judgment has been set aside.

thank you very much indeed - very much appreciated.

Would you also clal the courts and ask particular questions about the case etc and try and find out as much as possible or will they tell me nothing (as a rule)

Thanks again - really appreciate this.

[headingleyjr]

Originally Posted by sequenci

How do I apply for a set aside?

You need to ask the court for a general application form called an N244. You should fill in the N244 to include the following information:

• the claim number of the case and details of the creditor or 'claimant';
• the reason for your request to set the judgment aside in Part A on the front of the form.
• In Part B you should tick the box saying you reply on the evidence in 'Part C'.
• In Part C on the back of the form you need to include any evidence you have to support your case such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included.

INFORMATION

A sample application N244 is attached.

• Sign the statement of truth on the bottom of the form.
• Send the form back to the court and remember to keep a copy.

You must fill in Part C on the N244 to outline your evidence in support of your application and to include brief details of any defence.
You should explain any delay in making the application.

ADVICE

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.
Even if the case began in a different court, it will be transferred for a hearing in your local county court in private with a district judge.
The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment.

What happens next?

The court may send you a date to go to a court hearing to discuss the reasons for your application with a district judge. The application will be transferred to your local county court for the hearing. In some circumstances the court can decide to allow your application without the need for a hearing.
If this happens, you will hear back from the court that the judgment has been set aside.

Just a thought but once this is set aside can i then make a CCA request directly to the SLC and also declare that this loan - being pre 98 - is STATUE BARRED.

[sequenci]

Originally Posted by headingleyjr

Just a thought but once this is set aside can i then make a CCA request directly to the SLC and also declare that this loan - being pre 98 - is STATUE BARRED.

If there is a judgment you need to get it set aside on those grounds. The action has already been brought, you need to reverse that, hence the set aside.

[headingleyjr]

Originally Posted by sequenci

If there is a judgment you need to get it set aside on those grounds. The action has already been brought, you need to reverse that, hence the set aside.

Ok thanks, so once this is set aside I have no further contact with SLC as the judgement will be void.

[sequenci]

Originally Posted by headingleyjr

Ok thanks, so once this is set aside I have no further contact with SLC as the judgement will be void.

providing that there has been no payment or written acknowledgement (such as a deferment) for six years you should be able to have the judgment set aside.