Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • littlemissy123
    • By littlemissy123 14th Feb 18, 7:26 PM
    • 4Posts
    • 1Thanks
    littlemissy123
    Setting aside a CCJ
    • #1
    • 14th Feb 18, 7:26 PM
    Setting aside a CCJ 14th Feb 18 at 7:26 PM
    Hi
    I recently checked my credit file and I have a ccj registered in 2015 by lowells for a capitol one debt. I have never received court documents relating to this and the judgement is a default judgement. I believe the debt at the time of this judgement in 2015 to be statue barred older than 6 years old.

    I don't have any evidence of this now and no information regarding it is on my credit file, I do remember at one time lowells had placed a separate entry on my credit file of their own as well as the capital one entry. I stopped paying this debt at the same time as one I had with Barclays. It was at least 2 years after non payment that they applied for a ccj and this fell off in 2015 I think.

    I defiantly want to challenge this, my questions are
    Should I contact capital one for a subject access request to confirm the date I stopped paying as this would be when the 6 years starts from? Or should it be Lowells?

    Could I submit the forms to court to set aside while waiting for capital one to get back as evidence is not needed initially?
    Is it sufficient just to state initially non receipt of claim form and statue barred?

    Thanks
Page 1
    • nic_c
    • By nic_c 14th Feb 18, 8:10 PM
    • 1,230 Posts
    • 687 Thanks
    nic_c
    • #2
    • 14th Feb 18, 8:10 PM
    • #2
    • 14th Feb 18, 8:10 PM
    Non receipt of the claims form is a no-go. Lots of companies use the County Court Business Centre and they are sent out en masse in normal post,they can also be sent to the last known address, e.g. provided by Capital One. Are you sure its SB, as if they applied for the CCJ 2 years after you stopped paying, then it isn't.
    • sourcrates
    • By sourcrates 14th Feb 18, 8:21 PM
    • 13,217 Posts
    • 12,638 Thanks
    sourcrates
    • #3
    • 14th Feb 18, 8:21 PM
    • #3
    • 14th Feb 18, 8:21 PM
    You must be sure the debt is statute barred, you may need evidence to back up your claim.

    If you can get this, then you would apply for a set aside.

    But, time has passed since 2015, you would need a good reason why it;s taken you so long to challenge this, and the court may not agree with your reasons.
    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 Free Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #4
    • 15th Feb 18, 12:01 PM
    • #4
    • 15th Feb 18, 12:01 PM
    Hi there


    You will need to apply for a set aside promptly on finding out about the CCJ. You also usually need grounds to defend the claim, not receiving court papers is generally not enough grounds alone for it to be granted. As nic_c says, if the CCJ was applied for 2 years after the last payment it doesn't sound like the debt was statute barred at that point.


    Most debts become statute barred if there has been 6 years (since court action could have been taken) where no payments have been made towards the debt. you have not acknowledged it in writing and court action has not started. Any subsequent payment or written acknowledgement within the 6 year period starts the clock running again.


    It's important you are confident in your grounds to apply for a set aside, the application fee is £255 (possible remission if you are on a low income) and you could incur more costs if you are unsuccessful. You may want to talk it through with one of the free debt advice agencies first.


    Susie
    @natdebtline
    Last edited by National Debtline; 15-02-2018 at 1:05 PM. Reason: Typo
    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
    • littlemissy123
    • By littlemissy123 22nd Feb 18, 4:47 PM
    • 4 Posts
    • 1 Thanks
    littlemissy123
    • #5
    • 22nd Feb 18, 4:47 PM
    • #5
    • 22nd Feb 18, 4:47 PM
    Thanks for the replies I will be doing a subject access request to capital one to find out when the last payment was received.
    • nic_c
    • By nic_c 22nd Feb 18, 9:42 PM
    • 1,230 Posts
    • 687 Thanks
    nic_c
    • #6
    • 22nd Feb 18, 9:42 PM
    • #6
    • 22nd Feb 18, 9:42 PM
    Why an SAR? Wouldn't a statement showing the payments be better?
    • ashe
    • By ashe 22nd Feb 18, 9:52 PM
    • 324 Posts
    • 194 Thanks
    ashe
    • #7
    • 22nd Feb 18, 9:52 PM
    • #7
    • 22nd Feb 18, 9:52 PM
    Why an SAR? Wouldn't a statement showing the payments be better?
    Originally posted by nic_c

    If you know the statement that is on then yes, else many companies charge a bomb for multiple statements and SAR is flat fee
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,008Posts Today

7,829Users online

Martin's Twitter
  • Today's surreal Friday twitter poll: If you had a choice between aging on the inside or the outside, for the rest? https://t.co/gabklHJ0w1

  • RT @LauraFrancis9: Final shoot for this series of The Martin Lewis Money Show! Have loved meeting & helping empower? https://t.co/MOtvb73nVu

  • RT @LaraLewington: Riding a remote control electric skateboard is obviously best done in heels. Max speed 22mph, but maybe trainers for tha?

  • Follow Martin