CCJ Set aside hearing.

bushberto

Hi

I have a CCJ set aside hearing on tuesday and just wondered if anyone had any advice.

I have got a ccj registered against me from October 2008 which i only found out about earlier this year. It arose from an old A&L loan which i apparantly stopped paying in June 2002 (according to capquest). I am trying to get it set aside on the following grounds:-

- I believe the debt to be statute barred when the CCJ was made
- I didn't receive any of the court documentation as it was all sent to my old address that i moved from in Septemeber 2005. Capuest had my new address as i was paying them on two separate debts.

I was just wondering if anyone had any advice re what happens at the hearing and what my chances are?

Capquest rang me yesterday and seem to know nothing about the hearing on Tuesday! (Now they know how i feel!)

FOURCANDLES_2

Well I am no expert on these matters but if they or who ever do not turn up it will I assume be set aside? as they will fall in favour of you. I was taken to court by a unhappy customer lonnnng story but they didn't turn up so I won although I would have anyway which is why they chose not to turn up I suppose.

bushberto

i have no documentation from capquest re the last payment i made on this account as they won't send anything. Will this make a difference? Do i need to take anything to prove where i was living?

bushberto

can anyone offer any guidance?!

WRINKLES

bushberto wrote: »

Hi

I have a CCJ set aside hearing on tuesday and just wondered if anyone had any advice.

I have got a ccj registered against me from October 2008 which i only found out about earlier this year. It arose from an old A&L loan which i apparantly stopped paying in June 2002 (according to capquest). I am trying to get it set aside on the following grounds:-

- I believe the debt to be statute barred when the CCJ was made
- I didn't receive any of the court documentation as it was all sent to my old address that i moved from in Septemeber 2005. Capuest had my new address as i was paying them on two separate debts.

I was just wondering if anyone had any advice re what happens at the hearing and what my chances are?

Capquest rang me yesterday and seem to know nothing about the hearing on Tuesday! (Now they know how i feel!)

Bring all the proof you have that they knew your proper address , they wont turn up , ask for costs .

FOURCANDLES_2

Just go to court with all your info and explain why you request it to be set aside(remember to tell the truth, do not lie), all parties should have received all documentation if the other party do not turn up you win I assume.

bushberto

i can't prove that they knew my address - they won't answer any correspondence. All i can say is that i was paying them on a separate matter and they had contacted me at my new address. Stupidly i have not kept this correspondence.

WRINKLES

Do you have proof of the payments you made to them , this is proof they knew your address , tell the judge you had kept in regular contact with them , also have you sent them a ststute barred letter , this is all the proof you need .

fatbelly

bushberto wrote: »

i have no documentation from capquest re the last payment i made on this account as they won't send anything. Will this make a difference?

The Statute Barred defence is a complete defence, if it applies. Obviously you can't prove a negative very easily so it is mostly up to them to prove that a payment (or other acknowledgement) was made during the six years before the date of claim (note not the date of judgement). Court records should show that date.

You will need to state confidently when you believe payments stopped (June 2002, sir) and be clear that you have not acknowledged the debt in writing since that time.

bushberto

So if i just say that the last payment i made was June 2002 (even tho i have no proof of this - just what capquest told me) and they don't even turn up - i should win?!

FOURCANDLES_2

I assume so.Let us know the outcome