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unknown cabot/restons CCJ for CAP1 card 'debt' - help to set aside - debt was SB'd


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Hi there,

 

Thanks for reading.

I'm new to the forum, and hoping I may be able to find a little help with my current situation.

I'm in a bit of a tangle!.

 

Essentially I received an N1SDT CCJ claim form in the mail, too late to reply, and subsequently received a CCJ.

 

 

I believe the debt to be statute barred, and intent to have it set aside if possible.

 

 

I'm currently trying to claw my way out of long term unemployment by starting a small business

(via the JSA/NEA scheme. I'm in the very early stages), so this is pretty awful timing.

 

On the 18th of August I received a claim form dated 25th July.

Obviously at that point it was too late to submit a seemingly simple defense, and the court ruled in favour of the claimant.

I have received a 'Judgment for Claimant' notification, and correspondence from the claimant.

 

The debt is from a capital one credit card dating back to August 2007,

and was apparently 'assigned to the claimant' in Oct 2009

(this information is taken from the 'particulars of claim' section of the claim form that I received).

 

 

I have no records of the debt,

but have had no contact with anyone regarding the debt/account since the point were I stopped making payments

(which I assume is 2007).

 

I'm hoping that I can have this CCJ set aside, owing to the debt being statute barred.

 

 

I'm currently claiming JSA, have no savings/additional income,

live in my father's home, and I believe that I meet the requirements for a full remission of court fees,

should I be able to go down that route.

 

 

Though I'm not really sure how I go about doing that.

Also I'm not entirely sure what kind of evidence I would have to supply.

 

 

I have no records from the time, and assume I'll be needing them.

 

Any advice with regards to my options at this point would be greatly appreciate.

My understanding's pretty limited, and time is of the essence it seems.

 

Thanks for any help.

solicitor's letter.jpg

claim form.jpg

judgment.jpg

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Hello and welcome to CAG.

 

I'm afraid jpegs don't work on this forum. Is there any chance you could resave the documents and post them up as pdf's please? That way we'll be able to read them.

 

Can you tell us why you didn't receive the N1 until 18th August please?

 

My best, HB

Illegitimi non carborundum

 

 

 

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actually you understanding of the process is quite good

and I wish others would do what you have done and do atleast a basic self help read first before posting..moan over.

 

 

the fact that its SB's is perfect to get it set aside.

cant hurt you to ring CAP1 and ask when the last payment was.

 

 

all the forms [ex160 etc etc ] and to set aside are in the legal section

of our library.

 

 

dx

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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A classic backdoor ccj, no doubt the original n1 was served to an old address hence why the one you did get was 2 days after judgement had been granted!!

 

Miraculous how they knew where you were living to get the rubberstamped judgement to you.

 

So the envelope that the n1 came in, whats the date of the postmark on it please? Bet its not the original one they sent back in july!

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It should be quite easy to show this is SB'd. The claim form states it was assigned in 2009. A cc is only going to be assigned i.e sold after its gone delinquent i.e you've stopped paying. The claimant has had the account since 2009 and has had no payment from you in that time, their own claim form amply demonstrates it is SB'd

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