Found unknown Hoist CCJ Issued on possible SB debt

[fearless_reality]

I have recently received a CCJ from the County Court Business Center through a company called Hoist Portfolio Holdings.

 

I'm slightly confused at this as I was sure the debt was Statute Barred.

 

The debt is from an old current account (3k)

- I defaulted on the debt in September 2009

made no contact and no payments since this default date.

I thought Sept 2015 the debt would dropped off my credit file and that would be the end of that.

 

I've now recently done a new credit check expected and nice clean report but instead see a CCJ from the above.

How is this possible surely once statute barred they arent able to legally chase?

 

How would I go about correcting this issue and have it removed from my credit file?

 

What would be the easiest way to do this?

 

Perhaps I should definitely make sure the debt IS stature barred first - how would I do this?

 

Thanks in advance for any help

[dx100uk]

doesn't matter if its statute barred

on a non defended claim

its rubberstamped and nothing is checked.

 

why didn't you defend the case?

get an sar running to the original creditor

or go ring them and ask last payment/use date

[ericsbrother]

Did they send the N1 to you at your current address? If not easy to set aside and then enter SB defence

[fearless_reality]

why didn't you defend the case?

get an sar running to the original creditor

or go ring them and ask last payment/use date

 

I didnt know there was a case to defend. So I guess getting an Sar is the first step?

 

Did they send the N1 to you at your current address? If not easy to set aside and then enter SB defence

 

I never received anything at my address - well not that I'm aware of.

[dx100uk]

so you never updated your creditors of a change of address?

 

so the claim form was correctly sent to your old address I guess.

 

go ring the original creditor and ask last payment/use

[fearless_reality]

Hi dx100uk thanks for the reply

- no I've moved many times since I defaulted on the debt and after trying to be reasonable with them on many occasions

- harassing my family over the phone was the final straw.

 

The debt was sold on I think numerous times.

 

I have the original default date of September 2009 on my credit report.

 

This should be reliable?

The last payment would've been a while before then.

[dx100uk]

so there be your problem

 

you didn't update your creditors

they quite correctly served a claimform

and latterly got a default CCJ.

 

unless you can prove the debt was statute barred before the date of the claimform

[which is roughly 1mth before the CCJ date - which was?]

you sadly don't stand a chance in getting it set aside

 

you'll need a reason to set aside the CCJ [cant see one yet]

and you also need a defence for the debt itself

for the set aside to happen.

 

dx

 

ps notice this is an old current account OD debt

who was the original creditor?

 

I very much doubt that if you had defended this

they would have gotten a CCJ

 

keep the info coming

 

all might now be lost

 

 

dx

[fearless_reality]

the original creditor was HSBC and I can confirm that it was a OD debt.

 

The default was registered by MKDP LLP however.

 

Defaulted in Sept 2009

so 1 year 1 month before CCJ (issued October this year)

 

it _should_ have been statute barred.

 

I need to make sure it is SB and prove it is.

 

Best way to do this?

 

Then apply for it to be set aside?

[martin2006]

Ring the courts now and ask for copies of the ccj and the claimform.

If the date on the claimform is after september 2015 then it was SB and you can apply to set aside and defend as such.

If the claimform was issued prior to september 2015, that would have stopped the SB clock from ticking so would be correct if you hadnt given your new address.

[dx100uk]

The default was not registered by mkdp

They can't do that

The OC did that before sale

[fearless_reality]

The default was not registered by mkdp

They can't do that

The OC did that before sale

 

Ok default registered by HSBC

 

Ring the courts now and ask for copies of the ccj and the claimform.

If the date on the claimform is after september 2015 then it was SB and you can apply to set aside and defend as such.

If the claimform was issued prior to september 2015, that would have stopped the SB clock from ticking so would be correct if you hadnt given your new address.

 

Ok thanks I'll ring and ask for copies. I guess this will show me which address is registered too? (As I didn't receive claim form at my current address)

[martin2006]

Correct and if you have any correspondence from MkdP et al to your current address they will prove they had your current address so will give you good grounds to set aside.

If you get that far you will then need a good defense to the original claim.

[fearless_reality]

Ring the courts now and ask for copies of the ccj and the claimform.

If the date on the claimform is after september 2015 then it was SB and you can apply to set aside and defend as such.

If the claimform was issued prior to september 2015, that would have stopped the SB clock from ticking so would be correct if you hadnt given your new address.

 

Hi there I contacted the courts and they confirmed the address as my current address. They have sent me a copy of the ccj and the date issued is 8th October 2016 - which is obviously after the September 2015 SB date.

 

Whats the next step?

[dx100uk]

brilliant!!

 

 

so should be a very easy set aside.

 

 

might not hurt to actually ring hoist and ask if they will remove the CCJ by consent FOC

as you can now prove the debt was statute barred before issuance

 

 

might save you £255

[martin2006]

If 8th October was the date the judgement was granted, or judgement issued, that would put the claim issue date possibly prior to sept.

 

We need to know the date the claim was started, the date of issue of the claimform, not the date the ccj was rubberstamped.

[fearless_reality]

If 8th October was the date the judgement was granted, or judgement issued, that would put the claim issue date possibly prior to sept.

 

We need to know the date the claim was started, the date of issue of the claimform, not the date the ccj was rubberstamped.

 

Hi Martin It should be Statute Barred as of September 2015 as account went into default in September 2009.

[dx100uk]

good perfect

 

 

did you ring hoist?

[fearless_reality]

brilliant!!

 

so should be a very easy set aside.

 

might not hurt to actually ring hoist and ask if they will remove the CCJ by consent FOC

as you can now prove the debt was statute barred before issuance

 

might save you £255

 

Wow so dealing with Hoist Portfolio is like talking to a cybernetic organism.

It was actually Howard Cohen their legal dept.

 

They are disputing SB by saying payment was made in to the account in March 2011

- but this would be impossible as I haven't used the account since 2007!

 

Via my credit file it shows zero payments made since the default.

 

I'm not sure if they are trying it on or there is some phantom payment been made.

How do I prove this?

How do I prove it's Statute Barred?

They advised to set aside with N244 and pay the £255 fee.

 

They also said that they've sent mail to my address which I've not received.

They said they dont have to prove that its been received due to some property act 1925?

Thanks for your continuing help

[dx100uk]

yea that's about right for them

usual BS about phantom payments...

there ofcourse wont be one

and its NOT for YOU to prove its SB'd anyway

 

 

its for THEM to prove its not

 

 

well I bet they don't appose

just making you waste £250...give it to us instead I bet they said...

 

 

N244 then

[martin2006]

Hi Martin It should be Statute Barred as of September 2015 as account went into default in September 2009.

 

Ahh my mistake, should have gone to specsavers!!

Misread sept 2015 to be 2016.

 

Note to self, pay full attention to postings !!

[fearless_reality]

yea that's about right for them

usual BS about phantom payments...

there ofcourse wont be one

and its NOT for YOU to prove its SB'd anyway

 

its for THEM to prove its not

 

well I bet they don't appose

just making you waste £250...give it to us instead I bet they said...

 

N244 then

Yeah it's got to be BS unless some random individual or company dropped some money into my account which is highly unlikely.

 

A little gutted to say the least - if only I'd received the claim form.

 

I can only imagine Hoist must do this en masse completely disregarding SB debts.

Throwing a nuclear bomb and seeing how much sticks.

 

Just as an aside; since confirming my address with them last week I've received a Warrant of control.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?469726-unknown-hoist-CCJ-now-court-bailiff-and-warrant-of-control

[fearless_reality]

Ta dx you've been very helpful. I'll contact the bailiffs tomorrow and explain set aside.

[fearless_reality]

Contacted the Bailiff

 

he was extremely rude and sounded like he was on some form of speech impairing sedative.

 

Advised him I'm applying for ccj to be set aside and if he could hold action until an outcome had been reached.

 

I told him it was for a statue barred debt after he asked why I was setting it aside

- to which he replied it's not statute barred it doesnt exist anymore - it doesnt count now.

 

I asked him not to play games to which he said I'm coming to collect the debt then hung up.

 

Now he is ignoring my calls.

Surely these no marks are accountable to someone?

[dx100uk]

bluff and bluster me thinks

 

he is acting as a court bailiff so must abide by what they do/say

 

did you ring the court too

 

just for ref

theres no right of entry

and you've no reason to even converse with the bailiff now