HFO And Turnbull Rutherford

jon1983

Hi all,
Ive been reading these forums for a long time and they have been a wealth of information for me and helped me manage my debts.
I have a question that im hoping somebody could shed some light on.
In August last year turnbull rutherford got a ccj in my name for a debt i owed welcome finance over 7 years ago. I had no paperwork for the CCJ and had no opportunity of defending myself - if i had i would of quite clearly stated to the courts that is was statue barred! , I am paying them back currently £60 a month for a debt of £2200 - which is also not what i owed. Is there anything i can do with this situation? or should i just come to terms and live with it??

Cheers guys!

king100

I think, and I think again that you fill an "out of time stat dec" this should reset the CCJ as you didnt receive paperwork, and you can have your day in court.

Just make sure that the debt would have been SB by thedate of the CCJ.

I am not totally sure about this and would seek advice from others.

jon1983

I was thinking that myself, just wondered what the best way of obtaining that kind of paperwork would be? Thanks for your reply, very much appreciated!

king100

jon1983 wrote: »

I was thinking that myself, just wondered what the best way of obtaining that kind of paperwork would be? Thanks for your reply, very much appreciated!

Statutory Declarations Act 1835

I (name) of (address) do solemnly and sincerely declare that:

(Specify the matter to be declared)

(e.g. "I did not know about the proceedings against me at Timbuktu Magistrates Court in relation to an allegation of debt in my name until a name…..")
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.

Dated the (date) (Signature of the person making the declaration)



Declared before me (Signature of the Justice of the Peace)
Justice of the Peace for the County of

(Specify)


Thats the basics, but again not sure so hold fire until someone else confirms and tells me im chatting sh** before you do anything

fermi

king100 wrote: »

Thats the basics, but again not sure so hold fire until someone else confirms and tells me im chatting sh** before you do anything

I'm reasonably certain that if that applies, it's only for proceeding in the magistrates court? Or at least, not for a CCJ anyway?

For a CCJ in the county court you need to get the judgement "set aside", which then returns the proceeding to the claim stage.

See: How to set aside a judgment in the county court

We have a few people here who work for HMCS and deal with all this day to day, so I'll send them a PM to double check.

king100

fermi wrote: »

I'm reasonably certain that if that applies, it's only for proceeding in the magistrates court? Or at least, not for a CCJ anyway?

For a CCJ in the county court you need to get the judgement "set aside", which then returns the proceeding to the claim stage.

See: How to set aside a judgment in the county court

We have a few people here who work for HMCS and deal with all this day to day, so I'll send them a PM to double check.

You see I said hold tight, knew it was something along those those lines.

jon1983

Ive read about having it set aside, do you think it would be granted on these grounds?? Would it be worth asking welcome finance for a copy of everything they have on me? I havent got the foggiest what my account number etc is with them though!

fermi

It's always down to the court/judge on the day.

If you didn't have a chance to defend the CCJ, and would have had a good prospect of a successful defence then I'd say there is a good chance.

Why weren't you able to defend? Didn't you get the claim forms? Were they sent to a previous address?

jon1983

I couldnt defend because I never received any claim forms, what would you say my next step should be??

fomirster

I agree with whats already been stated. You need to apply for a set aside, which if you valid grounds to defend you should get no problem.

You must check to see if the debt was stat barred when the CCJ awarded. If not you must then look for other grounds to defend the claim/part of the claim.

These could include the amount or the lack of an enforcable agreement