Hoist - Old Egg Debt default CCJ - now AEO request - Debt is stat barred??

[king_olaf]

Hi There.

 

My wife has just received through the post an attachment of earnings form from the MCOL Business centre.

 

A CCJ was awarded in default as was sent to a previous address.

My wife only found out about it when she received a Noddle credit profile change notification.

 

She spoke to Robinson Way who advised it was issued at a previous address.

She gave them our new address and interestingly the attachment of earnings form has come through to our current address.

 

Details of the debt:

 

Original creditor was Egg (so suspect any CCA would be "interesting" to say the least)

Default was issued in 2012 according to her credit report

Original agreement was taken out we think in about 2006.

Balance was about 1650

 

CCJ balance was just over 2.5k (plus now another £110 attachment of earnings fee added)

We are convinced the debt is statute barred as my wife is convinced she hasn't paid anything towards this for a long time.

 

I know we need to look at getting this set aside but unfortunately we cannot afford the fee to do so, and we don't fall into the category where we can have the fees waived.

 

Is there any other way around this?

Surely they would have records and would know when the last payment was made, so if so then is this not an abuse of court process by submitting the claim?

 

Any advice on next steps would be greatly appreciated.

[dx100uk]

Phone egg now

Ask last payment date

Get proof sent in writing if it was +6yrs before the CCJ date

The claim form was 1month before that which is your important date!!

 

If there was 6yrs gap then its sb'd

 

You might find hph2/hoist might agree to a set aside by mutual consent that will cost you nothing!!

[king_olaf]

Thanks DX, really appreciate the swift response

 

 

Am I correct in assuming that Barclaycard would be who needs to be contacted now as they purchased the Egg Portfolio?

[dx100uk]

Usually for cards yes

But it might be better to ring egg at Canadian square as I bet yours is a citigroup one now

[dx100uk]

hows this going?

[king_olaf]

Unfortunately it was not statute barred.

 

We come to a mutual agreement with Robinson Way to discontinue the AOE element and she has a payment arrangement in place with them

[dx100uk]

who said?