Default CCJ from Westcot/IND in 2011 on Statute Barred cat Debt -someone at my door

[wirralguy1976]

Many thanks for both of your replys and advice.

 

 

The reason ind wont provide proof of a payment received within 6 years prior to them issuing a claim

is because they have a ccj against me - thats what they stated in there letter to me..

 

 

a week later they change their tune

 

 

now claim its not SB because of a 'cause of action' a complete contradiction!!

 

 

Do you think I could win a Set Aside?

 

 

Also any templates/advice regarding completion of the N244 Form?

 

 

Witness statement/draft order/statement of means.

 

 

Many thanks.WG

[unclebulgaria67]

You could make an urgent Data Protection Subject Access Request to the original creditor, sending it to their CEO or Compliance Manager/Data Protection officer.

 

In the request letter, you could point out that this relates to an ongoing county court case and if they do not action the request urgently you will bring this to the attention of the Judge.

 

I don't see how you can submit a full set aside, without having all the information.

[wirralguy1976]

Shop Direct have confirmed the final payment date on this alleged debt(9th march 2004).

 

 

They emailed me the final payment date just after christmas and

 

 

they are also going to do me a SAR.

 

 

how do I tackle ind?

 

 

(another point that I want to raise)

 

 

Many Thanks.WG

[unclebulgaria67]

Shop Direct have confirmed the final payment date on this alleged debt(9th march 2004).They emailed me the final payment date just after christmas and they are also going to do me a SAR.how do I tackle ind?(another point that I want to raise) Many Thanks.WG

 

As I understand it, you have to attend court on 15th Feb to find out why you are not paying the CCJ. The CCJ was obtained in 2011 in your absence.

 

If this is correct, then you should apply for the set aside as soon as you can, certainly a few weeks before this hearing, so the court can register the set aside. You really need the documents to prove that at the time they applied for the CCJ, the debt was already statute barred. You can then state in the set aside application that you have statements dated x that confirm that the debt was subject to section 5 of the limitation act 1980

 

In regard to IND, I would not write to them until you have applied for the set aside.

 

Chase up Shop Direct for the SAR info, as you could do with it next week really. When you get it, you can come back here and I am sure one of the legal bods can suggest what should be included in the set aside.

[wirralguy1976]

Hi all.

 

 

I have to submit an N244 form to get a default ccj set aside and

 

 

i am struggling to complete the witness statement and defence statement

 

 

its all very confusing.

 

 

Could any of you suggest advice on how to complete both of them the right way?

 

 

-even a template would help.

 

 

also what is the difference between the witness statement and defence(draft statement)

 

 

i have to send both and

 

 

i am running out of time.

 

 

I would greatly appreciate your help and advice.

 

 

Many Thanks.WG

[citizenB]

We would need some history of the situation before being able to help.

 

Sadly there isn't a template because each situation is unique.

 

A defence is the bare bones and a Witness statement is the meat.

 

The usual route if you had just received a claim form would be to respond only to the claim particulars.. by way of a defence.

 

Then when asked for a Witness statement you would expand on the above. Hope that helps, however I will ask someone to look in on you as soon as they can

[citizenB]

I have also relocated your thread to the General Legal Issues forum, where you will be more visible to those who might be able to help you.

 

You need do nothing, this is purely and administrative move.

[wirralguy1976]

Hi.thankyou

 

 

.ccj granted in my abscence 31st august 2011

(wasnt aware of claim/didnt receive claim forms)

 

 

may 2012 couldnt attend court for questioning(mental health problems) court accepted this and order to attend was adjourned.

 

December 2014 receive an N39 to attend court for questioning(17th feb 2015)

 

December 2014 Find out alleged debt is Statute barred.

 

 

Shop direct confirm final payment date 9th march 2004.

 

Claim was issued by claimant on 9th August 2011.

[dx100uk]

old and new threads merged [again]

 

 

please keep to one thread

 

 

else it makes a mockery of those that gave their time to help you before

 

 

dx

[wirralguy1976]

I put this thread separate to my other thread.

 

 

I am struggling to get a coherent witness statement and defence statement

 

 

i am finding it difficult to understand whats more important witness/defence?

 

 

And how to get the words right

 

 

and also should a defence be shorter or longer that a witness statement.

 

 

I believe i have a genuine SB against the claimant and

 

 

i am going to fight this as my order to attend court for questioning is on the 17th feb.

 

 

I would appreciate any help time is running out.

 

 

Many thanks.WG

[dx100uk]

andyorch and the crew will help

 

 

pop back to post 12

 

 

and convert those pics to PDF

 

 

remove ALL pers details

pop the pictures into a word document [all of them]

PDF the word doc

post it here

 

 

dx

[AndyOrch]

Shouldn't need to submit a defence/ws with the application...just the reasons and evidence for set a side and under what basis he is requesting the order...Statute Barred?

 

https://www.justice.gov.uk/courts/pr...l/rules/part13

 

PD 31.4

 

https://www.gov.uk/county-court-judg...-owe-the-money

[wirralguy1976]

Hi all.here are the attachments and the letters from ind both letters from ind contradict each other.let me know your opinions.thanks.wg

[dx100uk]

all the docs you are posting are now in the multipage files of post 38

you don't need to post anymore

unless your have any that are not in post 38.

 

 

dx

[wirralguy1976]

Did you look at the docs?

 

 

Ind's contradiction?

 

 

What are your thoughts?

 

 

Could i get this default ccj set aside?

 

 

Thanks.WG

[dx100uk]

doesn't matter get the set aside in.

 

follow andyorchs hints in his post.

 

post 37

 

Had an email from Shop Direct and

they have confirmed the last payment date on the alleged account the date: 9th march 2004.

[wirralguy1976]

Hi.just to give you an update.

 

Received letter from Shop Direct today.

 

 

An investigation has been carried out and it appears that i had an account with Index Extra.

 

 

According to the letter the account was opened on 13th march 2001.

 

 

Payments were received on the account between 3rd may 2003-9th march 2004.

 

The outsanding balance was £1449.89p.

 

The account was transferred to Wescot on 15th April 2008.

 

The account was then transferred to Arrow Global on 22nd march 2013.

 

A SARS has been sent to me under plain cover.

 

Its obvious now that ind are being economical with the truth as they claimed a payment

had been paid 6 years prior to the issuing of a claim and

 

 

how on earth can they say a 'cause of action' was sent out to me in september 2006

when Shop Direct didnt transfer the debt until 15th april 2008.

 

 

somebody is lying me thinks.

 

 

Any suggestions taking into account the new information supplied.

 

 

many thanks.

 

 

WG

[dx100uk]

cause of action was the default notice

[wirralguy1976]

I didnt even receive the default notice.the last payment was on 9th march 2004.

Claim issued 9th august 2011.that makes the claim Statute Barred? Do you think i could get this Set Aside? Having had written confirmation from Shop Direct.Thanks dx.

[dx100uk]

doesn't matter, DN is not relevant here

 

 

as andyorch says. post 37

 

 

get the setaside in

 

 

dx

[wirralguy1976]

Many thanks dx.Should have the SAR soon(its been posted under plain cover) I appreciate all the advice you have all given me.will keep you all informed.

[AndyOrch]

Why do you need a DSAR if its statue barred?

[wirralguy1976]

Hi andy.about the SAR it was Shop Direct that actioned the SAR.

 

 

The letter i got yesterday proves that Ind lied when they claimed a payment was received within 6 years prior to the issuing of a claim.

[wirralguy1976]

Hi all.

 

 

SAR has arrived from Shop Direct.

 

 

It does confirm the last payment date of 9th march 2004 and it also confirms the *DSOLD 150408.

 

Two things.

 

 

It now appears that wescotspv/ind have lied when they said a payment had been received within the 6 years prior to the claim.

 

And they also lied when they claim a cause of action had been sent out to me in 2006

because Shop Direct didnt sell the debt until 15th April 2008.

 

 

Where do i stand now?

 

 

Obviously i am going to apply for set aside

 

 

what can i do about wescot spv/ind?

 

 

Could i take action against them?

 

 

Isnt misleading a court a criminal offence?

 

 

I would greatly appreciate your advice.

 

 

Many thanks.WG

[citizenB]

I think it is in your interest to stop phaffing about the misleading actions of the creditor and wescot at this moment and get the set aside sorted.

 

You can make official complaints to both company head office and also to the regulators. If the claimant decides to object to your set aside, you can raise the issue of their misleading statements at that point as well.