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    • Crobster 34
    • By Crobster 34 11th Nov 17, 3:45 PM
    • 9Posts
    • 0Thanks
    Crobster 34
    Please Help !!
    • #1
    • 11th Nov 17, 3:45 PM
    Please Help !! 11th Nov 17 at 3:45 PM
    Hi everyone

    wonder if you can help me. last december i recieved a CCJ for what i believe is a statute barred debt.
    its for a capitol one credit card and Lowells is the collection company.

    I admitted to the debt through lowells as i didnt realise it was up to them to prove i owed im adamant the debt is statute barred and they just tried there luck with me i panicked as it was a CCJ

    Can i get the ccj set aside ?

    im now i a bad place finacially with this can anyone help ??

    Regards Rob
Page 1
    • sourcrates
    • By sourcrates 11th Nov 17, 5:05 PM
    • 12,432 Posts
    • 11,837 Thanks
    sourcrates
    • #2
    • 11th Nov 17, 5:05 PM
    • #2
    • 11th Nov 17, 5:05 PM
    Hi,

    Welcome to the MSE forums.

    As long as you are sure there was a period of 6 years that had passed before you talked to Lowell, then yes, you can apply for set aside on that basis.

    Once a debt is statute barred, it cannot be unbarred, for any reason.

    How exactly did you approach Lowell, did you admit liability in writing, or verbally ? because only written acknowledgement counts.

    The cost of a set aside application is £255, but remission of the fee is available if you are on a low income, details here :

    https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money
    Last edited by sourcrates; 11-11-2017 at 5:09 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Crobster 34
    • By Crobster 34 11th Nov 17, 6:42 PM
    • 9 Posts
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    Crobster 34
    • #3
    • 11th Nov 17, 6:42 PM
    • #3
    • 11th Nov 17, 6:42 PM
    hi

    many thanks for a reply

    it was verbal over the phone as i thought i had no option
    thanks for the link aswell
    • Crobster 34
    • By Crobster 34 11th Nov 17, 6:43 PM
    • 9 Posts
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    Crobster 34
    • #4
    • 11th Nov 17, 6:43 PM
    • #4
    • 11th Nov 17, 6:43 PM
    is there a way i can find out the last time i paid the credit card at all ???
    • sourcrates
    • By sourcrates 11th Nov 17, 8:45 PM
    • 12,432 Posts
    • 11,837 Thanks
    sourcrates
    • #5
    • 11th Nov 17, 8:45 PM
    • #5
    • 11th Nov 17, 8:45 PM
    is there a way i can find out the last time i paid the credit card at all ???
    Originally posted by Crobster 34
    You could ask the original creditor for a statement, however they are not obliged to cooperate, only other option is you would have to go through the set aside application and see if it was defended.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Crobster 34
    • By Crobster 34 13th Nov 17, 10:15 AM
    • 9 Posts
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    Crobster 34
    • #6
    • 13th Nov 17, 10:15 AM
    • #6
    • 13th Nov 17, 10:15 AM
    Ok i did wonder that but wouldnt that mean that im admitting to the debt as i would have to give the origonal creditor all my details to prove to them who i am ??
    • StopIt
    • By StopIt 13th Nov 17, 10:20 AM
    • 1,371 Posts
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    StopIt
    • #7
    • 13th Nov 17, 10:20 AM
    • #7
    • 13th Nov 17, 10:20 AM
    Ok i did wonder that but wouldnt that mean that im admitting to the debt as i would have to give the origonal creditor all my details to prove to them who i am ??
    Originally posted by Crobster 34

    No, you can do this without prejudice and without admitting liability.


    At this stage however, you need to address the CCJ anyway so don't worry about technicalities. You can ask for an SAR (Cost of £10) to ask what the creditor has on file about you, including your payment history.


    If you think the debt was statute barred and are willing to risk the fee, apply for a set aside. If not, you will have to come up with an arrangement to pay it.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • Crobster 34
    • By Crobster 34 13th Nov 17, 10:35 AM
    • 9 Posts
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    Crobster 34
    • #8
    • 13th Nov 17, 10:35 AM
    • #8
    • 13th Nov 17, 10:35 AM
    hi thanks for the reply does it make any difference that im already paying 35 a month to lowels at all ?
    • StopIt
    • By StopIt 13th Nov 17, 11:08 AM
    • 1,371 Posts
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    StopIt
    • #9
    • 13th Nov 17, 11:08 AM
    • #9
    • 13th Nov 17, 11:08 AM
    hi thanks for the reply does it make any difference that im already paying 35 a month to lowels at all ?
    Originally posted by Crobster 34

    For this CCJ? Possibly.


    Seek legal advice but you should never pay a debt you dispute, especially a statute barred one. How much is the debt outstanding on the CCJ?


    If you're in a financial crisis, seek help from a debt charity in my signature, and most certainly book an appointment with the CAB, although you may be on a hiding to nothing. You've got nothing to lose by getting it checked out though.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • Crobster 34
    • By Crobster 34 13th Nov 17, 11:12 AM
    • 9 Posts
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    Crobster 34
    hi approximatley £ 603 is left to pay but im sure its statute barred as when i was presented the ccj i could not find any record of the credit card debt on my credit file . thanks again !
    • StopIt
    • By StopIt 13th Nov 17, 11:22 AM
    • 1,371 Posts
    • 1,169 Thanks
    StopIt
    hi approximatley £ 603 is left to pay but im sure its statute barred as when i was presented the ccj i could not find any record of the credit card debt on my credit file . thanks again !
    Originally posted by Crobster 34

    Remember the set aside fee is £255, so that leaves a difference of £350.


    Not being on your credit files does not mean the debt is statute barred. A debt falls off the credit file 6 years after a default, regardless of if anything is paid towards the debt. If you paid anything on this debt in that period, it resets the clock for the statute bar, but not the credit files.


    As I said, you'll need to take advice on this before you proceed.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • Crobster 34
    • By Crobster 34 13th Nov 17, 11:26 AM
    • 9 Posts
    • 0 Thanks
    Crobster 34
    ok many thanks will go see CAB see if they can help
    • Crobster 34
    • By Crobster 34 13th Nov 17, 11:28 AM
    • 9 Posts
    • 0 Thanks
    Crobster 34
    to add ive not paid anything off of the origonal debt just paying the 35 quid to lowels for the CCJ
    • StopIt
    • By StopIt 13th Nov 17, 11:39 AM
    • 1,371 Posts
    • 1,169 Thanks
    StopIt
    to add ive not paid anything off of the origonal debt just paying the 35 quid to lowels for the CCJ
    Originally posted by Crobster 34

    The CCJ is only a method of enforcing the debt. You're still paying the original debt by paying this money, and there-in lies the problem.


    A CCJ is literally a court stamp saying "Yes, you owe this money, and if you don't pay it, the court grants authority to enforce it legally". It is why defending against a CCJ is important in cases of being statute barred, because without a defence, these things go through unopposed, leading to your situation.


    The case here is tricky because you'll need to convince court that despite paying this which is an admission of the debt being valid, you actually didn't know that you could've opposed this before, and would have done if you had known.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
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