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

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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



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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..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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





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