Ccj help
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powellm802
Posts: 11 Forumite
Hi my wife has just received a ccj letter through the post which I believe to be fake, the credit card that it relates to she'd stopped making payments to around 2005/6 yet the default date shows 2011 when she checked the account on noddle, I know that after 6 years from the date od default the debt is no longer enforcable but how can we show that the account actually went into default long before 2011 and is therfore no enforcable, also how can we tell if this ccj is in fact real or fake, it looks like it's fake but I can't be sure.
Any help would be awesome
Any help would be awesome
0
Comments
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They could have taken action in 2011 thus meaning a CCJ as dated is correct, The drop off point is 6 years with no contact and they may have waited nearer side of the six years prior to doing this so in effect you can have a mark on your file for 12 years.
When people do not want to pay or cannot pay for things unless they chose the correct routes like an IVA or going bankrupt I feel this no less than they deserve having a mark on there credit file for up to a 12 year period, If you choose to ignore debts then the Company can and has every right to make things difficult for you.0 -
The ccj is not dated 2011, the default date is dated 2011 which is incorrect at the date of default is 2005/6. You can't have a debt recorded on your file for 12 years. I recently had something similar with a company and they had to remove the info and they paid me compensation for their error. But thanks for your reply and she's not avoided the debt but disputed it as it was her partner at the time who had used her credit card0
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powellm802 wrote: »The ccj is not dated 2011, the default date is dated 2011 which is incorrect at the date of default is 2005/6. You can't have a debt recorded on your file for 12 years. I recently had something similar with a company and they had to remove the info and they paid me compensation for their error. But thanks for your reply and she's not avoided the debt but disputed it as it was her partner at the time who had used her credit card
Default date may be for not paying the CCJ then and the only way to know is to check your credit file as to what appears, If her ex used it that is not the credit card Companies fault and her issue would have been to sue him for it after paying the card.0 -
When you say "CCJ letter" do you mean a county court claim form ?
Debts do not become unenforceable with age automatically, the Limitation act 1980 allows a creditor 6 years to enforce there rights through the courts, they can still take you to court after 6 years, so you must acknowledge service, online is best, and defend on the basis the account is statute barred.
If you ignore it the creditor will have judgement awarded against you by default.
The default date is irrelivant here, the 'cause of action' date would of been the date of the last payment, not the date the account defaulted.
Are you certain the ex hasn't paid anything towards this debt, thus effecting the statute barred defence ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The latest court claim forms do look a bit fake as they are not on blue paper - it's a sort of fawn colour.
Sourcates is correct as usual.
You need to go online and acknowledge service within 14 +5 days of issue date (14 days from service date). You then have 28 +5 days from issue date to lodge your defence and legalbeagles is the traditional source of help with that.
Yes, it looks like a statute barred defence would work0 -
Hi powellm802
It would be helpful if you could clarify what you mean by a "CCJ letter" as that could cover a multitude of things.
Is it a Claim Form? If so you should have received an N9 response Pack which looks like this:
https://formfinder.hmctsformfinder.justice.gov.uk/n009-eng.pdf
in which case fatbelly's advice above is relevant.
If, alternatively, it is an N30 Judgment for Claimant (check bottom left corner of form/letter) then judgment has already been granted and your wife may require advice on setting the judgment aside.
Dennis
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
It's a judgement for claimed, as far as I know she hasn't made any payments towards it.0
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Ah! Bu88er!
Ignore previous advice as I thought my crystal ball showed a claim form.
Did she respond to the claim form?
It's now much more difficult. If she had responded to the claim saying that the last payment was 2006, they would have had to prove that it wasn't statute bared, i.e. that there were payments somewhere that stopped a clear period of 6 years without payment or acknowledgement in writing.
Now you will need some evidence to show the courts that you have a defence with a real prospect of success AND an explanation why the claim was not responded to (wrong delivery address?) AND act 'promptly'
It's set out here.
https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
And there's now a fee of £255 unless you can get remisssion0 -
No she didn't respond to the claim form as it looks really fake and she thought it was just more scare tactics as she hadn't heard anything regarding this debt for about 5 years, she only mentioned it to me once the judgement came through, I'm not 100% certain that the forms are real, would the real forms have copyright of the Crown on the bottom? How long after the judgement being finalised until it appears on her credit file? She has noddle so we'll no know for certain soon if a ccj appears on her file.
Thanks for all the info0 -
The judgement just comes through on white paper, and it appears on the credit files after a month I think. I'm not a big fan of Noddle but it should appear there.
It would probably say (in default) at the top left. Does it say to pay forthwith or is it an order to pay in instalments?0
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