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Capstone/drydens CCJ -old HBoS card - now findout it was SB'd at time of CCJ

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Hi,

In around1999-2000 i had a card with BoS, which was defaulted on around the start 2001.(balance around £1650 )

 

I initially made £1 token payments through the CAB,

this lasted only around 6 months,when i stopped paying.

 

After being threatened with a statutory demand in 2008

i began paying Capquest £10 a month from 29th OCT 2008. (the balance stated then was £1900.00)

I kept this up until 30 Sept 2009.

 

In Dec 2013 they took me to court and got a CCJ for £10 a month which ive had to pay since.

(balance had become £2760.00 ?)

 

My question is

 

,is there anything i can do about this as i believe it was most likely Statute Barred by late 2008

and from what i realise now it probably shouldnt have gone to court

.

Thanks

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stop payments..force it back to court?

write to the claimant - tell them you now realise the debt was SB'd ask them to cancel it?

 

 

not sure

 

 

I expect andyorch will pop in soon.


please don't hit Quote...just type we know what we said earlier..

 

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Hi

 

There must be a clear 6 years gap of no payment or acknowledgement either after default and before issuance of the court claim.

 

Default start 0f 2001..

 

Made payments of £1 for 6 months (July 2001)

 

Made payments of £10.00pm from Oct 29th 2008 - 30th Sept 2009

 

7 years gap

 

Dec 2013 claim issued/Judgment debt already statute barred.

 

So you can make application to set a side the judgment based on the fact that it was already statute barred at the time of claim.

Go to the Legal Library and download form N244...the fee is £155 with a hearing and you will have to submit a SB defence/reasons also with your application.

 

Also you require a refund of payments made Oct 29th 2008 - 30th Sept 2009

 

Regards

 

Andy


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