CCJ - help with n244

[blue_mw]

Hello.

I have recently ran a credit search to have a look at my latest history credit history,

only to come across a county court judgement dated 28/10/2014 for £1410.

 

When investigating this,

it was for a bank account that defaulted 18/04/2008 for £1227.

I was aware of the debt, as it affected me getting finance for 6 years, but I wasn't aware that the company was still chasing me.

 

I moved house in January 2014 and haven't received any recent communication from the DCA or the County Court.

 

I was also under the understanding that the debt would be statutory barred as it was over 6 years old.

 

I have never communicated to the debt collecting agency or paid anything off the outstanding balance, due to the situation I was in at the time.

 

I'm afraid that legal proceedings may be getting held against me and I'm not receiving any communication as I'm at a different address.

 

I've read that I may be entitled to have the debt set aside (I really don't want this affecting my credit for another 6 years),

as I've not received any communication and the debt should be statutory barred.

 

I've read other posts about completing the n244 form, but it is also really confusing. Is there anything specific I should be putting into questions 3 and 10 on the form?

 

Do I also need to contact the court to ask them to send me a copy of the CCJ?

 

 

As I don't have any details other than what is on the credit search

[AndyOrch]

Hi blue and welcome to CAG

 

First question...did you ever inform the claimant of change of address?

 

3.An order that the judgment dated xxxxxxx be set a side pursuant to CPR 13.3

 

10. The evidence set out in the box below......

 

State your reasons....statute barred etc.

 

Regards

 

Andy

 

For reference .....

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

[blue_mw]

Thanks andy. No I never informed the creditor. They hadn't pursued the debt in such a long time that I had forgot about it and didn't even think to contact them.

[blue_mw]

Do i need to be quoting anything from CPR 13.3?

[dx100uk]

you need to be sure [with evidence] that, by the time of the issuance of the claimform

the debt was statute barred

 

 

looking at your dates this could be tight for a bank account

 

 

dx

[blue_mw]

you need to be sure [with evidence] that, by the time of the issuance of the claimform

the debt was statute barred

 

 

looking at your dates this could be tight for a bank account

 

 

dx

How can 6 months be tight? I've got evidence to show it defaulted April 2008, then evidence to show the CCJ came out my credit record in October 2014.

I'm looking for advice on what aspects to cover in the form to make sure I'm quoting all the right information.

[Ganymede]

What was the date of issue of the claim, not the date of judgment?

[panther12]

Claimant has 6 months to request default judgment so I'd contact court to find out date of claim.

[blue_mw]

6 months to request default judgment from when? I'm having to remortgage my property in november so I need to get this sorted

[dx100uk]

I've got evidence to show it defaulted April 2008

 

 

county court judgement dated 28/10/2014

 

 

you need to know the date the claimform was issued.

 

 

if this was issues after the defaulted date

then the debt was statute barred

and you can get it [the CCJ] set aside

[panther12]

6 months to request default judgment from when? I'm having to remortgage my property in november so I need to get this sorted

6 months from whatever date the claimant was entitled to request default judgement following the issuance of the claim and the failure to acknowledge and/or submit a defence. Only you would know the answer to that by contacting the court to find out - like you were told to do back in June.