The hearings have been at my local county court - all correspondence has gone directly to them via email with attached documents.

I never received the claim form originally although I asked them to resend and I do now have a copy. I guess I just register at MCOL and see if the claim is still open. I'm sure it will be as they work massively in arrears at the court.

The judge said they would set aside the judgement and gave me 14 days to file a defense - this was today at the hearing.

I assumed they meant a defense for the original claim back in septemeber 2016 by the claimant. I did ask in the draft order for the claimant to re-issue a claim within 28 days and if not recieved then claim should be dismissed. I guess after a set aside the claim can still remain open?

No form just the judge telling me thats what I need to do.

Thanks for that!

In which format should I place the above?

As in what type of document..

Do I simply file and serve one sheet of paper detailing the above in a Draft Defence?

It certainly was!

I originally filed the N244 application, Witness Statement, Draft Defense and Draft Order so a little more went into it than what is within this thread.

I'm slightly confused about having to file a defense within 14 days..

.. I take it this means I need to defend the original claim I never responded to due to not receiving?

***UPDATE*** CASE WON

After two hearings and Hoist failing to provide further evidence to support payments I'd supposedly made in the statute period to the debt the judge ruled in my favor and set the judgement aside.

Essentially Hoist manufactured these 'phantom' payments to support their case against my statute barred defense which I find quite shocking in itself.

Obviously they failed to provide any evidence as to where these payments originated from and never turned up to the hearing.

I now have 14 days to file and serve my defence.

I'm unsure how to do this?

Hi dx,

yes called the court immediately and they were a little cagey in that they said he has nothing to do with them -which I thought odd.

they sent the N244 to my email and said I can email back and as soon as court fee paid

further action would be frozen for the time being.

Can the bailiff levy my car parked on the drive?

Also not that the N244 is that taxing to fill out but I do want to make sure I fill it out correctly

- do you have a link to a template or something as reference?

Thanks!

Contacted the Bailiff

he was extremely rude and sounded like he was on some form of speech impairing sedative.

Advised him I'm applying for ccj to be set aside and if he could hold action until an outcome had been reached.

I told him it was for a statue barred debt after he asked why I was setting it aside

- to which he replied it's not statute barred it doesnt exist anymore - it doesnt count now.

I asked him not to play games to which he said I'm coming to collect the debt then hung up.

Now he is ignoring my calls.

Surely these no marks are accountable to someone?

Ta dx you've been very helpful. I'll contact the bailiffs tomorrow and explain set aside.

yea that's about right for them

usual BS about phantom payments...

there ofcourse wont be one

and its NOT for YOU to prove its SB'd anyway

 

its for THEM to prove its not

 

well I bet they don't appose

just making you waste £250...give it to us instead I bet they said...

 

N244 then

Yeah it's got to be BS unless some random individual or company dropped some money into my account which is highly unlikely.

A little gutted to say the least - if only I'd received the claim form.

I can only imagine Hoist must do this en masse completely disregarding SB debts.

Throwing a nuclear bomb and seeing how much sticks.

Just as an aside; since confirming my address with them last week I've received a Warrant of control.

brilliant!!

 

so should be a very easy set aside.

 

might not hurt to actually ring hoist and ask if they will remove the CCJ by consent FOC

as you can now prove the debt was statute barred before issuance

 

might save you £255

Wow so dealing with Hoist Portfolio is like talking to a cybernetic organism.

It was actually Howard Cohen their legal dept.

They are disputing SB by saying payment was made in to the account in March 2011

- but this would be impossible as I haven't used the account since 2007!

Via my credit file it shows zero payments made since the default.

I'm not sure if they are trying it on or there is some phantom payment been made.

How do I prove this?

How do I prove it's Statute Barred?

They advised to set aside with N244 and pay the £255 fee.

They also said that they've sent mail to my address which I've not received.

They said they dont have to prove that its been received due to some property act 1925?

Thanks for your continuing help

If 8th October was the date the judgement was granted, or judgement issued, that would put the claim issue date possibly prior to sept.

 

We need to know the date the claim was started, the date of issue of the claimform, not the date the ccj was rubberstamped.

Hi Martin It should be Statute Barred as of September 2015 as account went into default in September 2009.

Ring the courts now and ask for copies of the ccj and the claimform.

If the date on the claimform is after september 2015 then it was SB and you can apply to set aside and defend as such.

If the claimform was issued prior to september 2015, that would have stopped the SB clock from ticking so would be correct if you hadnt given your new address.

Hi there I contacted the courts and they confirmed the address as my current address. They have sent me a copy of the ccj and the date issued is 8th October 2016 - which is obviously after the September 2015 SB date.

Whats the next step?

The default was not registered by mkdp

They can't do that

The OC did that before sale

Ok default registered by HSBC

Ring the courts now and ask for copies of the ccj and the claimform.

If the date on the claimform is after september 2015 then it was SB and you can apply to set aside and defend as such.

If the claimform was issued prior to september 2015, that would have stopped the SB clock from ticking so would be correct if you hadnt given your new address.

Ok thanks I'll ring and ask for copies. I guess this will show me which address is registered too? (As I didn't receive claim form at my current address)

the original creditor was HSBC and I can confirm that it was a OD debt.

The default was registered by MKDP LLP however.

Defaulted in Sept 2009

so 1 year 1 month before CCJ (issued October this year)

it _should_ have been statute barred.

I need to make sure it is SB and prove it is.

Best way to do this?

Then apply for it to be set aside?

Hi dx100uk thanks for the reply

- no I've moved many times since I defaulted on the debt and after trying to be reasonable with them on many occasions

- harassing my family over the phone was the final straw.

The debt was sold on I think numerous times.

I have the original default date of September 2009 on my credit report.

This should be reliable?

The last payment would've been a while before then.

why didn't you defend the case?

get an sar running to the original creditor

or go ring them and ask last payment/use date

I didnt know there was a case to defend. So I guess getting an Sar is the first step?

Did they send the N1 to you at your current address? If not easy to set aside and then enter SB defence

I never received anything at my address - well not that I'm aware of.

I have recently received a CCJ from the County Court Business Center through a company called Hoist Portfolio Holdings.

I'm slightly confused at this as I was sure the debt was Statute Barred.

The debt is from an old current account (3k)

- I defaulted on the debt in September 2009

made no contact and no payments since this default date.

I thought Sept 2015 the debt would dropped off my credit file and that would be the end of that.

I've now recently done a new credit check expected and nice clean report but instead see a CCJ from the above.

How is this possible surely once statute barred they arent able to legally chase?

How would I go about correcting this issue and have it removed from my credit file?

What would be the easiest way to do this?

Perhaps I should definitely make sure the debt IS stature barred first - how would I do this?

Thanks in advance for any help

The OOT was refused due to my car being registered at the address the fine letters were supposedly sent (the dates coincided) they went to the DVLA and did a check. Even though I reieved nothing in court I guess this is enough proof.

So changing the V5 and maybe getting a solicitor to witness and co sign a sale agreement would be enough? As I know anyone can write a reciept.

It's not on finance im the current full owner. I've just got to be sure on which documentation will definately prove im not the owner in the eyes of the law so the bailiffs will not have a leg to stand on and in case it gets clamped. (my car is the only thing they have access to)

Thanks for your reply

Hi I have a question which im struggling to find a clear answer on regarding ownership/legalities of bailiffs levying and taking away my car...

My situation is: The bailiffs (birstow and stutor) want over £600 for a £30 parking ticket that i apparently incurred over a year ago.. My first port of call was to file a 'out of time' notice which originally stopped the enforcement. Until after 2 months my appeal was refused, I was willing to pay the fine but the council would not deal with it and said 'seek legal advice'. Now the Bailiffs are back trying to collect again. It's all just a disgucting money spinner for the council and their boys.

The only thing they can touch is my car. They have NOT levied on my car yet... so i wanted to know if there anything i can do to pre-empt this.

Can I legally have someone take ownership of my car? Is there something I can do at the solicitors?

What is considered absolute proof of ownership by the bailiffs?

I can't see that there is anything else i can do bar pay the bailiffs which i would rather cut my own arm off

OK well all I can do is try. This seems like the only option I have. Hopefully I can get some clarity on whether the TEC will advice the bailiffs right away, i will call them this lunch time and see what they say. In the meantime I think i'll just have to hide my car somewhere and as soon as the levy is dropped sell it to my brother.

Thanks Hallowitch My reason for needing more time is that I never received any documentation or notice until the notice of seizure. Is this good enough? I have not moved address. Also tommtubby says that it could take up to 6 weeks to hear back from them? I only have 4 days until my car is taken away. He also says in post #8 that as soon as they receive for TE7 and TE9 and are saitisfied they will notify the bailiffs and all action will immediately cease?

Hello

Apologies if my queries have been answered already in previous posts... i got about 40 pages in but couldnt find a circumstance that was exactly the same as mine (although im sure there are many) I arrived home from work to find an envelope on my doormat with a £487 bill and a seizure of goods notice + itinerary for my car (estimated worth £3,000) from the bailiffs (bristow & sutor). This was all for a pcn that totalled £80 from over 10 months ago! Which I had no idea about, so to come home and find that your pride and joy has been seized and will be taken away in 5 (now 4) days if full payment is not made is very distressing.

I do not fear these kind of bullying low life organisations that rob the poor. I would rather go to jail than pay them a pound. So I just need to know where I stand. If the parking ticket is valid i do not mind paying that but not the £417 extortionate bailiff charges.

As they have seized my car is it too late to give my car away and get a statutory declaration?

How can I stop them clamping my car without making a payment to them? What options do I have? Will making a payment direct to the council for the pcn stop them coming for my car?

The car is used for pleasure not business, I am not on any benefits either. What they are doing feels so wrong on all levels. The only thing i can think of is to hide my car until it blows over.

I just can't believe that in 4 days i could lose my car over something I didnt even know about. I would be very grateful for any help.