I did some research earlier and was informed that a set aside could be done on the basis that no attempt was made to verify my address and also that the application for this begins when you become aware not when the ccj was incurred.

Problem is, it conflicts with some of the other info and leaves me confused.

Due to it being 2003, don't I have a right to see documentation relating to the original debt as I don't even know what it is?

Is that not the point when I can dispute the details or at least the amount?

for all I know the debt could have had £1000's of pounds added each year.

There is certainly more than a thousand added to the sum quoted in court.

If I have a debt then I can take steps to resolve it,

but this is like someone knocking on the door and asking for £5000 I lent you 14 years ago.

Why cant I challenge the validity without feeling there is no hope of success.

Problem is...last known address is considered good service...so a court would take that view and ask the same did you update the details of your address ?

They have no need to trace your current address.

Do your research and see how the figures stack up...then you can decide if its viable to make application.

accepting its my fault for not providing an address,

what about the right to have clarification of the original debt etc.

If I send of for subject access and don't get the information would that be considered a defence?

I'm not trying to dent all knowledge here but after 14 years

I genuinely don't know what this debt is for and I have no paperwork at all.

nope too late

the CCJ trumps the need for any paperwork now

the only relevantinfo today would be statute barred at time of claimform or already paid off.

you need two things:

a reason to set aside the CCJ, - you ran away from this debt - so that's out the window

and a defence for the debt.

neither you appear to have.

800'000 speculative claimforms are issued every year

only 15% are defended

so nowt is checked no human even sees anything

its a default rubberstamped judgement.

So why do they not enforce the judgement?

Its 18 months since they obtained it and i have had no contact.

Presumably they could instruct bailiffs?

presumably they could

and that will cost you

pers id not poke the nest

there appears to nowt you can do about it

it will drop off you credit file on its 6th birthday

that's would make it more difficult to enforce

Thanks for the info,

im still inclined to seek legal advice but for now i need to take a step back.

One final thing,

i personally never paid the debt management company it was always via my ex's account.

Would this qualify as part of the 6 year period?

If so the time has passed.

I asked earlier whether this MBNA account was in your sole name or not ?

If your ex paid it on your behalf, he did it with your permission and you have no proof otherwise.

So the debt is not statute barred ( 6 years without payment).

There is nothing stopping you applying for the set aside when you want.

Just remember you need to state reasons for a defence that could be discussed at a court hearing.

Don't go off half cocked, get it wrong and lose your opportunity.

Get the info you need, so you can at least get it right.

So why do they not enforce the judgement?

Its 18 months since they obtained it and i have had no contact.

Presumably they could instruct bailiffs?

Do they now have your correct address ?...they have 6 years to execute a judgment.

I havent given a new address and the MBNA card would have been in my name only.

An earlier post suggested i dont do anything as no attempt has been made to collect.

If that is the case and at some time in the future could i negotiate a settlement or should i do it now?

In your first post you mentioned that you got refused a rental property because of the CCJ. The CCJ will be on your records for 6 years, so will be picked up by anyone checking your credit record or court records. It can affect whether you are accepted for loans, mobile phone contracts, broadband/TV contracts, employment etc.

Also at any point, Cabot or their representatives can start enforcement action against you, by asking the court to send enforcement officers to your door, they can apply to the court for attachment to earnings etc. There are a number of different ways they can try to enforce. If the debt exceeds £5k they can apply to make you bankrupt.

You therefore need to think about whether you can live with the CCJ issues until the 6 years passes and it drops off your record. And even when it passes 6 years, the CCJ exists, but the initial 6 years allowed for enforcement has passed. Cabot could still write to you and could ask a court for more time. They might not get it.

Suggest you have a think about it for a few days. If you send off a subject access request to Cabot, then it might provoke them to start writing to you at your new address about debt repayment. You can send off an SAR to MBNA to get info, as they are unlikely to contact Cabot. You also contact the company you had the debt repayment plan with. So perhaps don't have any contact with Cabot at all, until you want or need to.

Dont send a DSAR to Carboot...OC only and possibly the DMP

I will send to MBNA.

Do I send same to Stepchange (previously Consumer Credit Counselling Service) or do I just ask for any info they hold about me?

also as it was in joint names are they obliged to release this?

My current circumstances have enabled me to resolve the rental issue and I don't have any current credit or plans to get any

I'm not worried about the timescale.

If push came to shove I could afford to settle,

my concern is that I don't believe the amount is justified and also I'm pretty confident there is no credit agreement.

I'm loathe to just pay a lump sum to someone because they have obtained a judgement though a method that is through the back door when they could have contacted me in the first place and with no evidence.

Would it be wise to just leave it and see if they try and collect in the future and then settle,

or would it be better to do some form of challenge with a view to getting an agreed settlement?

I was thinking around 30% once I know the debt is mine.

if you are not bothered about the CCJ being there , you've 3.5yrs to go.

you wont be able to short settle whilst its within 6yrs

Just realised that a debt I have been paying for some time was arranged via Restons solicitors and they were informed of my new address when I moved as they had to authorise the removal of a charging order when we divorced.

As Restons is also the solicitor dealing with this issue,

is it not reasonable to advise that they knew the address

or is it the DCA the ones that should have been informed?

ok so that could well be worthy regarding the reason to set aside the CCJ

but you still need a tenable defence for the debt itself...

I have received a letter today from Cabot which claims they have confirmed my address and are now the owners of my MBNA debt and would like to arrange payment.

I think this is one that seems to be passed from one dca to another and then goes quiet.

Whatever the advice i can guarantee there have been no payments made to any dca’s or other organisations since April 2013 when i was in a joint dmp.

Then ignore Cabot.

it appears you might have moved and not informed them of your correct address since in  writing since?

I haven’t advised anyone of change of address, are you saying I should and should I respond to the letter or wait for a follow up?

so you didn't learn from these threads

one of which was a backdoor CCJ BECAUSE you didn't update your creditors???

you've been here 10yrs...you've had numerous court cases and still your run from debt....

sorry for being blunt 

Sorry, i had one court case which was settled and have lived at my current address for 2 years. This appears to be the same mbna debt 

Presumably i can wait for them to issue court proceedings now they have my address and then can defend it? When i last asked for advice about using a solicitor i was told it was a waste of money.

well check if it is the same card

does the 16 digit card number match ?

or the cabot ref number?

if its the same debt then they could well be looking toward enforcing the CCJ>

you'd better work out if it is

solicitors are a waste of money on civil consumer debt yes..

The only detail on the letter is a reference number but the amount is the same as the ccj so im guessing they will be looking to enforce. Should i make an offer of payment?

you should have old letters from before the court claim with the cabot ref number 

go check. or check your credit file.

see if you can match it better though it sounds the same debt

no you don't offer payment....yet if at all.