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  • FIRST POST
    • tommy2belts
    • By tommy2belts 12th Mar 17, 6:03 PM
    • 1Posts
    • 0Thanks
    tommy2belts
    CCJ on Statute Barred Debt
    • #1
    • 12th Mar 17, 6:03 PM
    CCJ on Statute Barred Debt 12th Mar 17 at 6:03 PM
    Hi All

    My friend has been given a ccj and told the baliffs will be calling on 20th March

    The debt was statue barred. She was unaware of this at the time they sent court papers asking her to detail incomings and outgoings

    She replied to these a couple of months back and stated her financial situation.

    On Friday she received the letter from the baliff

    She suffers with mental health issues and this is not helping in any way.

    Does anybody know how i now get this decision reversed for her as it never should have gone through the court in the first place. I've looked at doing a set aside form (N.244) but that costs £255 which she cant afford and her financial situation is apparnetly not drastic enough to get it for free as she doesnt claim any benefits

    Thanks

    Tom
Page 1
    • waamo
    • By waamo 12th Mar 17, 6:26 PM
    • 1,081 Posts
    • 1,083 Thanks
    waamo
    • #2
    • 12th Mar 17, 6:26 PM
    • #2
    • 12th Mar 17, 6:26 PM
    I can't see how she could set it aside. I'm assuming she received and replied to the court papers?

    If she admitted she owes the money to the court then it's game over sadly. If she attempted to enter some kind of defence then she can lodge an appeal.

    She could do with seeing a debt agency like CAB or Stepchange.
    This space for hire.
    • Arleen
    • By Arleen 12th Mar 17, 6:31 PM
    • 745 Posts
    • 524 Thanks
    Arleen
    • #3
    • 12th Mar 17, 6:31 PM
    • #3
    • 12th Mar 17, 6:31 PM
    Why does she think that the debt is statute barred?

    And even if she agreed to owing the money, if it was barred at that time then it was barred and the CCJ can be set aside. Sadly if she isn't unwell enough to be entitled to benefits, then she will have to find the 255 quid for a fee elsewhere, maybe a collection plate among friends?
    • nic_c
    • By nic_c 12th Mar 17, 8:40 PM
    • 737 Posts
    • 467 Thanks
    nic_c
    • #4
    • 12th Mar 17, 8:40 PM
    • #4
    • 12th Mar 17, 8:40 PM
    Been given a CCJ and bailiffs calling straight away?
    • Ben8282
    • By Ben8282 12th Mar 17, 9:00 PM
    • 1,690 Posts
    • 687 Thanks
    Ben8282
    • #5
    • 12th Mar 17, 9:00 PM
    • #5
    • 12th Mar 17, 9:00 PM
    If she was unaware that the debt was statute barred 2 months ago how did she subsequently find out that was?
    • waamo
    • By waamo 12th Mar 17, 9:52 PM
    • 1,081 Posts
    • 1,083 Thanks
    waamo
    • #6
    • 12th Mar 17, 9:52 PM
    • #6
    • 12th Mar 17, 9:52 PM
    The full background with a timeline of events would be helpful as the first post is very shy on detail.
    This space for hire.
  • National Debtline
    • #7
    • 13th Mar 17, 1:54 PM
    • #7
    • 13th Mar 17, 1:54 PM
    Hi Tommy and welcome to MSE,


    I think we will need more information and your friend will also probably need some legal advice. If she originally replied with an Admission form, she may have made it much harder to try and dispute the debt now with a set aside application. A key element to this application is; if you apply to set aside a CCJ and you lose, you can end up owing more than what is owed now because you can also end up owing the costs of the other side.


    There may be some local law centres or clinics available to you, where you can try and get cheap or free legal advice, this is just one that you may use www.lawcentres.org.uk. She may be able to get some fee remission on the EX160 form (against the £255) depending on her situation, but it may not be the full amount.


    With the bailiffs, she must remember not to let them in. From the county or high court they must gain entry through a peaceful means first of all (for a personal debt - which is what I assume this is - if it was a business debt this can be more complicated). Tell her to keep the doors locked, don't let them in, and hide anything valuable outside the property. If she can't apply to set aside the CCJ she can still apply to suspend the bailiffs and do a new payment plan based on what she can afford.


    Laura
    @natdebtline
    We 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 Steps
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