CCJ received on statute barred debt

ChrisR_3 · 26 January 2008 at 10:03PM

Hi,

I'm after a bit of advice. I owed money to the Student Loans company dating back to 1995-98. After leaving university, I didn't find work straight away and was unable to repay them and though I'm not proud of it I just dodged the debt (I never deferred it, never paid it, never acknowledged it).

They caught up with me late last year, writing to claim the money. I wrote back using a standard template letter saying I did not acknowledge the debt and that I believed it statute barred, and that unless they could prove otherwise then I'd be paying nothing.

I received a reply from them (Which I may have since thrown away) saying that they would look into this and get back to me. So far so good.

Next thing I know, I receive a letter from the local court saying I've got a CCJ for it. Now the CCJ seems to be from a previous address that's been transferred to the new address (As it's a different county court) though it does say on the form "Amount owed £5039 - dated 15th January 2008" which if this is the date of the CCJ then it is AFTER I contacted them to advise it was statute barred.

What are my options here? Are they allowed to get a CCJ against me after I tell them it's statute barred?

Any help would be much appreciated.

Thanks.

mummytofour · 26 January 2008 at 10:06PM

No idea but I bet your bottom doller that student loans are not stature barred as they are gov run...

ChrisR_3 · 26 January 2008 at 10:06PM

Actually, reading what I've been sent a bit closer (Might have been a good idea in the first place!) it is a "Notice of application for attachment of earnings order".

So I don't know when the CCJ is from. How does this change things? Am I up the creek with this one?

ChrisR_3 · 26 January 2008 at 10:09PM

mummytofour wrote: »

No idea but I bet your bottom doller that student loans are not stature barred as they are gov run...

Student loans can be statute barred, I'd already researched that one. Certainly from the time I had one anyway. The newer ones can't be as they're run a different way, but I'm the right side of the line to have mine statute barred, of that I'm certain.

penguin83 · 26 January 2008 at 10:56PM

You only have a limited amount of time to reply to the attachment of earnings application so if you want to dispute the debt you will have to do it sharpish - application to set aside judgment using form N244 and £75.00 fee x

ChrisR_3 · 26 January 2008 at 11:05PM

Penguin83 - Thanks. I'll have a look for that form.

£75 fee? That's steep! Obviously worth it if it gets rid of a £5k debt though but I don't want to throw good money after bad. Do you or anyone else know if given my situation, is it likely that I have grounds to dispute the CCJ? (If you need any more info, just let me know)

penguin83 · 26 January 2008 at 11:11PM

If you are in receipt of any benefits or on a low income you may be entitled to have all or part of the fee waived. I will get some links for you for the relevant forms - when did you receive the N55 and N56 (the application you received - you only have 16 days from the date it was issued to return it before the next stage. x

Application Form

Court Fees - Do you have to pay them?

Xbigman · 26 January 2008 at 11:18PM

Contact the court and find out when the CCJ was from. Depending on just when it was issued this debt may not be statute barred.

You can also apply for the CCJ to be set aside as you never recieved the court paperwork. Contact the issueing court, the easiest way being to phone them. This is definately the way to go if the CCJ is recent. If its an old CCJ from with in the 6 year limit then still try this but the court may say that too much time has passed.

You need to get the CCJ details before you can decide exactly what to do.
Regards

X

ChrisR_3 · 27 January 2008 at 12:09AM

Penguin83 - I received the form this morning, the only date anywhere on it is next to the claimed balance, where it says "Dated: 15th January 2008". I don't know whether this is the date this letter was issued (Slow post!) or the date of the CCJ, or something else. Either way it arrived this morning.

As for the low income thing, I doubt that will apply. Whilst I certainly can't afford to stump up £5k, I do work full time and own my own house.

Xbigman - The first I knew about this CCJ was this morning when this application for attachment of earnings arrived. Indeed, when I got my mortgage 18 months ago I had a clean credit record so either they registered it fairly recently or they've registered it at the wrong address. Or both! I take it these are grounds to invalidate the CCJ? If this is the case, is that a formality (Subject to me filling in the correct paperwork etc)? I'll contact the issueing court on Monday morning to find out the details.

Sorry for all the questions, I'm new to all this and today has been quite a steep learning curve! But thanks for the responses so far, they're much appreciated.

Xbigman · 27 January 2008 at 1:27AM

Getting the CCJ set aside should be a formality if you never recieved the summons, but the courts can turn down your appeal if a lot of time has passed or if they think you are trying it on to evade the court process or if they think its fraud.

The idea of this being that when the CCJ is reapplied for you can object under the statute barring laws.
Regards

X

stapeley · 27 January 2008 at 9:16AM

I believe you need to put in a defence when issued with a summons , therefor even if its statue barred , its up to you to point this out in a defence . I would suggest thats why it was still sent to a old address. not allowing you to defend it.

CCJ received on statute barred debt

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