ccj help please

[KJD]

well done - round one to you

[wayne78]

hi all i am back to pick your brains lol. had a letter today for a hearing which it says will last for 1 hour. the letter says

*application adjourned

 

*then says claimant to file at court and serve on the defendant by 4pm march ** witness statements that he intends to rely upon in opposition to the application, such as statments to be endorsed with a statement of

truth

 

*defendant to file at court and serve on claimant by 4pm april * witness statements that he intends to rely upon in support of his application

 

the letters say notice of adjourned hearing

what does all this mean and what do we need to do now because we have not got a clue. i am sorry to keep asking so many questions but we just do not know and we need to stand a chance to prove my partner did not do this. please help

[wayne78]

i forgot to ask we get working tax and child tax credit would we be able to get legal help if so how do we go about doing this

thanks once again

[pmhcfc]

i forgot to ask we get working tax and child tax credit would we be able to get legal help if so how do we go about doing this

thanks once again

 

Bump for someone in the know

[gizmo111]

This alledged debt is 11 years old?

Statute barred then.

[wayne78]

the chap in question went to court and got an enforcment order we went to court for a set aside hearing then we now have another hearing what do we have to do? the papers were served at an address my partner never lived at and the whole case is based on a lie. do witness statements for defence have to be done on court papers?

[gizmo111]

What was in his original particulars of claim?

What grounds did use for the set aside?

[wayne78]

ccj was awarded on this mans say so alone that he gave my partner £300 for cheep tvs!!!!! based on his word alone

the set aside hearing was based on the fact that my partner was 16/17 at the point of hearing and the address where papers were sent my partner has never lived.

the first we knew about it was a threatening letter from this man in january this year followed by two phone calls

[gizmo111]

This alledged debt is 11 years old?

Statute barred then.

 

Sorry I misread - ithought he had kust tried to take a old debt through court - not that CCJ was 11 years old.

[gizmo111]

So now there is no CCJ he has to try and take you to court for this debt.

Is the CCJ set aside for ever - or a set period of time?

You ahve not acknoweldged this debt for over 11 years - so I guess now it is statute barred.

[wayne78]

my partner has not acknowledged this dept the first we knew of it was in january when we had a nasty letter from the man. the chap then aplied to get an enforcememt order which he got. so my partner aplied to get it set aside.

we now have a notice of adjourned hearing which will take place in april. it says this hearing will take 1 hour. i dont know if this is still part of the set aside thing or not. it asks that my partner get witness statements which we intend to use to support the application.. do these have to be done on normal paper or is it to be done on a court form?? sorrt to ask so many questions but this is a nightmare for us we would have never got this far without all your help x

what is staue barred?

[gizmo111]

Statute barred means that if a debt has not been acknowledged in writing or any payments made in 6 years in cannot be enforced. Given that the CCJ was issued in error I don't know how if you would be able to use - at present as it stands there is no CCJ and no acknowledgement. Worth putting in your defence

Also when the CCJ was in place there was no action for over 6 years so to collect they would need the agreement of the court.

 

Would it be helpful if I moved this thread to the legalities forum where you may get a different take on the situation?

[wayne78]

yes please because we just dont know what to do and if the court rules in this chaps favour my parther could lose his job because he collects cash on his delivery round and thus a ccj claim saying he stole money would not go down well. we are at our wits end

[wayne78]

does anyone know what we should do now?