CCJ Received for a Statute Barred debt!

[loobyloo35]

I have recently been receiving letters from Cabot re a debt from 1999!

 

They puchased the debt some 6 years later and because they heard nothing from me they have slapped a CCJ on my old house and are now chasing the debt once again.

 

This debt is clearly Statute Barred as their dates they say in their letter confirm this, however, they obviously think I do not know this is SB!

 

Can they purchase a debt which is SB and then put a CCJ on my property? Can I get this removed without having to pay the £75 set aside fee seeing as they have done this and shouldnt have?

 

Thanks

[42man]

They can....but you would get it easily set aside.....one cagger I know of recently did this ( bobneedhelp) I think it was... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156502-registered-county-court-judgement.html

[BankFodder]

You should alsop complain to the OFt and also under CPUT

[loobyloo35]

You should alsop complain to the OFt and also under CPUT

 

I think I will do just that

 

Would you have the relevant addresses please so that I can deal with this? I don't really want to be paying £75 for this when they shouldnt have placed a CCJ on my property in the first place!

[loobyloo35]

They can....but you would get it easily set aside.....one cagger I know of recently did this ( bobneedhelp) I think it was... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156502-registered-county-court-judgement.html

 

Thank you.

 

I will read through this mammoth thread and go from there.

 

I know that this CCJ relates to about 3 debts they have purchased and combined together so I need to first off write an find out dates, balance etc and see what I can do thanks again

[loobyloo35]

I have put together this letter which I would like to send them today, can someone give me some advice as to whether I have missed anything out or if I need to delete certain wording, thanks

 

Thank you for your letter dated 8th April 2009 with regard to the above.

 

You state in your letter that this CCJ for £XXX is a number of combined debts being chased by Cabot and I would be grateful therefore if you could please provide me with the following information:

 

1. Who the original creditor is of each debt.

 

2. When the account was opened.

 

3. When the account defaulted.

 

4. What was the original balance on the defaulted account.

 

5. When was the last payment made to this account.

 

I look forwar to hearing from you.

[loobyloo35]

bump

[42man]

They don't have to and probably won't provide this information as they don't have to, as they already have judgment on this....you should get your court fee back as your costs....

[loobyloo35]

They don't have to and probably won't provide this information as they don't have to, as they already have judgment on this....you should get your court fee back as your costs....

 

 

Can you give me an idiots guide as to what I should do please? Also how would I go about claiming back my costs if these debts are SB? Or can I claim the cost back regardless?

[I've got no money]

The starting point is to clarify exactly what's happened.

 

Before they got a CCJ they must have first issued a County Court Summons - did you receive that. If so when was it received. It's a bit unusual to bring one claim for three debts.

 

The starting point is to get a copy of the original summons - you can get a copy from the court. Once you've got that you need to make an application on an N244 to set the judgment aside. Ideally it would help if you could post the summons (suitably redacted) on here and then we'll help draft the set aside application

[loobyloo35]

The starting point is to clarify exactly what's happened.

 

Before they got a CCJ they must have first issued a County Court Summons - did you receive that. If so when was it received. It's a bit unusual to bring one claim for three debts.

 

The starting point is to get a copy of the original summons - you can get a copy from the court. Once you've got that you need to make an application on an N244 to set the judgment aside. Ideally it would help if you could post the summons (suitably redacted) on here and then we'll help draft the set aside application

 

I am not 100% sure but I think this has been slapped on me after I had moved house so would have never received the paperwork.

 

Their letter says that this CCJ is part of a couple of debts they are chasing, however, they do not state for how many.

 

I have sent a fax to the Court today asking for the paperwork so will see what that brings back.

[I've got no money]

I suspect that they've actually only got a CCJ in respect of one debt

[loobyloo35]

I suspect that they've actually only got a CCJ in respect of one debt

 

well their letter says they have more than one debt pertaining to this CCJ but I guess they perhaps assume that I will NOT ask the question and just cough up mmm I THINK NOT!

[COOKIE24]

Hi Loobyloo

 

Has it been 6yrs since you last acknowledged this debt (ie any payments or written correspondance from you)? Because I believe this is the key point, the debt may originate from more than 6yrs ago but it will only be statute barred if you haven't acknowledged it in the last 6 years. If that is the case you should be laughing!!!

[loobyloo35]

Hi Loobyloo

 

Has it been 6yrs since you last acknowledged this debt (ie any payments or written correspondance from you)? Because I believe this is the key point, the debt may originate from more than 6yrs ago but it will only be statute barred if you haven't acknowledged it in the last 6 years. If that is the case you should be laughing!!!

 

One of the debts in question is DEFINITELY over 6 years, opened 98, defaulted 2002 and purchased in 2004 so yep certainly is and apparently this forms part of the CCJ.

 

I have written to the Courts today asking for the info, I have also written to Cabot to find out what they hold re this CCJ.

 

You say the debt would be SB after the 6 year rule which I am aware of, however, I am not sure this is the case when there is a CCJ in place? I assume that I would need to get the CCJ set aside and then let Cabot know that the debt is SB or do I tell Cabot first the debt is SB and they are the ones that need to remove it?

 

If I had to fork out the £75 which I don't really want to do to get the CCJ set aside, how would I go about claiming the costs back from Cabot?

[COOKIE24]

From what I understand they cannot get the CCJ if the loan was statute barred at the point they applied for it, however if they got the CCJ before the loan was classed as SB then the CCJ would still be valid. Below is a quote from an independant website that explains it. If you can show that the loan was SB at the point that the CCJ was granted then I would imagine it would be fairly easy to get it set aside. If they have lumped several debts together and only one of them is SB you should still have a case for getting the CCJ set aside but I would expect them to reapply for a new CCJ for any of the debts that isn't SB (but this gives you the chance to defendent if they cannot produce a valid credit agreement etc). With regards to reclaiming the fees you need to make it clear to the judge that you wish to claim costs if you win, but I'm not sure at what point you should state this, hopefully someone will come along soon who can give you guidance on that. You can also claim for your time to research and defend at a set rate which is around £9/hr (sorry cannot remember the exact amount).

 

You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:

if

• The creditor has not already obtained a judgment against you
  

and

• You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years
  

and

• You have not written to the creditor admitting you owe the debt during the last six years.
  

[loobyloo35]

Thanks for the info, that was what I was hoping for.

 

I have written to CrapBot asking for the relevant information and if they do not come back to me then I guess I will just have to SAR the OC and see what they come back with.

 

I feel this is going to be a long slow drawn out process!

[loobyloo35]

I have today received my letter confirming the dates the last payments were made on these accounts which have given me the CCJ.

 

The dates of the last payments are March 02, April 02, July 99, April 02.

 

These are all Statute Barred debts, however, the CCJ was put on my property in August 2006, therefore these debts are NOT SB - am I right?

 

The only one I can see that is SB is the July as that one is 6 years and 11 months since last payment.

 

Is there a way I can get them all removed and state that they are SB debts and go from there?

[I've got no money]

I have today received my letter confirming the dates the last payments were made on these accounts which have given me the CCJ.

 

The dates of the last payments are March 02, April 02, July 99, April 02.

 

These are all Statute Barred debts, however, the CCJ was put on my property in August 2006, therefore these debts are NOT SB - am I right?

 

The only one I can see that is SB is the July as that one is 6 years and 11 months since last payment.

 

Is there a way I can get them all removed and state that they are SB debts and go from there?

 

Yes - if they bring a claim within six years then that avoids the operation of the limitation act - as cookie explains if any of the debts were SB at the date they issued the summons then it may well be worth applying to set the judgment aside - in terms of LIP costs you can claim actual losses and/or £9.25 per hour but you'd claim for everything you do - there is a really helpful case that I keep meaning to post on that...

[loobyloo35]

Yes - if they bring a claim within six years then that avoids the operation of the limitation act - as cookie explains if any of the debts were SB at the date they issued the summons then it may well be worth applying to set the judgment aside - in terms of LIP costs you can claim actual losses and/or £9.25 per hour but you'd claim for everything you do - there is a really helpful case that I keep meaning to post on that...

 

Would you mind posting it up please as I need all the help I can get with this!

 

What is my first course of action - is it to apply to have the CCJ set aside?

[I've got no money]

Would you mind posting it up please as I need all the help I can get with this!

 

What is my first course of action - is it to apply to have the CCJ set aside?

 

 

Yes - the first job is the set aside - you need to record all the time that you spend.

 

I'll find the case on LIP costs and post it in the next day or so

[l.capo]

Bump

[honeybee13]

Bump

 

I.capo, have you posted on the right thread? This one goes back to 2009.

 

HB