Backdoor Cabot CCJ - Now Bailiff with AEO - debt was statute barred + served to old AD

[madmatt101]

I received an attachment of earnings form personally handed to me by a bailiff

 

This is the first I have heard about the debt or ccj

 

I have since found out that this is from an old statute barred debt that Cabot purchased and then got a CCJ in default by serving on an old address even though they had my current address.

 

I just searched my credit file and their search history shows they searched by under the new address before they issued the claim.

 

What should I do to stop this?

[BazzaS]

You apply to the court for a set-aside of the CCJ.

 

Your grounds for this are:

i)Service to the incorrect address given the claimant was aware of your new address (this alone allows a set-aside, although there is little point unless you can also defend the claim!), and

ii) the claim being statute barred, so you would have had a viable defence had you been able to present your case.

 

Application is by form N244, and a fee is payable unless you qualify for fee remission.

 

If you are certain it was statute barred it would be worth approaching the claimant, telling them you will be making this application. Ask them to consent to it (it will then be a cheaper, application without hearing), advising them that if they do not consent, you will later seek your application costs when they have their original case dismissed due to your absolute defence.

[madmatt101]

Thanks, I am certain it is Statute Bared as the last payment was made in July 2009, however default date was later, which would put it inside the SB date by days

[dx100uk]

go ring cabot tell em you want a set aside by consent free of charge done by them.

else you'll sue them for damages etc etc etc

 

 

when did they get the CCJ?

[madmatt101]

They got it in 2015.

[Guest]

They got it in 2015.

when in 2015,

or if known, what was the date of the claim issue

[madmatt101]

29th October 2015

 

Last payment was June or July 2009. Default date was November 2009

[Guest]

29th October 2015

 

Last payment was June or July 2009. Default date was November 2009

ok

going from last payment, then is (shld be) barred.

but, these guys like to try take bar from def notice or default date. whichever is convenient.

a creditor really shldn't commence any legal action prior to a def notice anyway (which shld be applicable in yr circs re payday). so, shld be ok. not that a def notice is necessarily the start of a bar.