Statute Barred - but given CCJ

billypre

OK - as many people i was never aware of certain laws such as statute barred debts etc. I had a loan in 1994. I received a court summons in 2008 about this debt and i received a CCJ. I didnt give a defence of statute barred as i had no knowledge of it.

I am still paying this off now and about half way, but what i'd like to know is that was this CCJ legal and can i have it set-aside or removed ?

I've read of how once a debt is statute barred, it cannot be un-barred, and cannot have "legal action" taken against it. I just don't know if this applies to me and if CCJ's are reversible etc ?

WRINKLES

billypre wrote: »

OK - as many people i was never aware of certain laws such as statute barred debts etc. I had a loan in 1994. I received a court summons in 2008 about this debt and i received a CCJ. I didnt give a defence of statute barred as i had no knowledge of it.

I am still paying this off now and about half way, but what i'd like to know is that was this CCJ legal and can i have it set-aside or removed ?

I've read of how once a debt is statute barred, it cannot be un-barred, and cannot have "legal action" taken against it. I just don't know if this applies to me and if CCJ's are reversible etc ?

Was there ever a period of six years when you never made a payment or acknowleged the debt in writing

billypre

Hi Wrinkles. Well, when i received the letter in 2008 i honestly didnt even remember having the loan and i am pretty sure in the 14 years prior i have certainly gone 5 years (It's 5 yrs as i am in Scotland) without paying. Is there a way i can definitely check this fact from the debt collection agency who i am paying now ? If i have gone 5 years what then ?

It was an old loan from Clydesdale bank in 1994. I received CCJ in 2008 from Nortons Solicitors.

Hannah_10

You can SAR them, SAR stands for Subject Access Request, it costs a tenner and there's a template letter on the link below. It means the company have to send you every single scrap of information they have on you. That ought to shed some light on matters.

http://forums.moneysavingexpert.com/showpost.html?p=33791917&postcount=23

billypre

Thanks Hannah, do i send that to Nolans or Clydesdale? Would Clydesdale still have records for me being 16 years ago now !!

I also think Nolans stuck on charges AFTER the CCJ which i would like to see

Hannah_10

Whoever you heard from last. The file has been passed, so the most recent correspondant is the one with the files.

immoral_angeluk

If you didn't file a defence to the CCJ then it would've been granted by default. You should apply back to the court for another hearing and inform them you believe it was statute barred at the time of the CCJ.

Why didn't you defend it?

billypre

To be honest, at the time Nolans contacted me, i was in a pretty bad time of life after a break up and was trying to get proper access to my kids etc. This just took a bad seat and i actually didn't have the energy or time to be dealing with something which at the time was not as important as other things.

I didn't know the law on statute barred debts etc until i found this site. In fact i was pretty naive about a lot of things. I did ask Nolans at the time about the loan as i couldnt remember a loan which i didn't pay at that time of my life. They just told me that i definitely owe it and that Clydesdale Bank had passed the debt onto them. So, i just assumed that as they were solicitors, they would know better than me and so i accepted the debt

billypre

And to show how naive i was, when i called Nolans before the CCJ asking about the debt, they also told me that if i didn't accept the debt, and refused to pay or accept the debt then i could be liable for a huge amount of court costs etc on top of the CCJ costs. Obviously now i know this was all just scaremongering and totally false, but at the time it certainly helped in getting me to lie down and i ended up trusting them (and the legal system) thinking they were right and doing the right thing by law.

GeorgeUK

Personally, i would ask them about this one on the consumeractiongroup forum's legal issues board.

If it was a Scottish debt, then you would have a Decree. CCJ's are county court judgements which fall under English law, not Scottish.

Not sure if you can backdate this, but i would assume that you should as had you known then you would have had a perfectly valid defence of the debt being time barred.

Hopefully this has come up there before, but i think the muddying of Scottish and English law/courts could confuse the issue a little.

DarkConvict

The difference between Scotttish and English law on statute barred in timelimit, 5 years vs 6 years, and also how the debt is seen. In England its not enforceable in court, you can submit the defence of statute barred. In Scotland the big difference is the debt no longer exists, it becomes legally extinguished.

At a guess.
I would assume you could ask for a redetermination hearing or a set aside, and submit a defence now you are aware of it.
In England it should stop them perusing the debt any further.
In Scotland, you may have a case to reclaim any money paid towards the debt itself, given it did not exist. (Not the court costs though).