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Shoesmiths Solicitors CCJ

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Hi all,

I am on here to request some advice for my mother who has been issued with a CCJ by Shoesmits Solicitors on behalf of Halifax for £4000.

Mom has been unwell so I take care of her finances for her (she had cancer some years ago etc).

The first sign I had about this situation was a letter from Shoesmiths two months ago. I have been dealing with moms finances for at least 3 years and no word from them/Halifax in that period.

I wrote to Shoesmiths explaining the situation, denying liability for the bebt and requesting a copy of the credit agreement ( I enclosed a £1 fee) I got no responce other than some statements from 10 years ago and one with a payment on of £50 last month, which I know neither I nor mom has made! This made me suspicious that they were had added this £50 to stop the debt becoming statute barred.

I called them and they made it perfectly clear they had made a public records search and were issuing the CCJ to obtain a charging order on my moms house. Given her ill health this has really distressed her and I am disgusted at the way Shoesmiths have behaved.

I want to defend the claim so will request it is heard in a local court ( was issued from Northampton) but would be grateful for all your advice on how I can stop shoesmiths in their tracks.

Thanks guys.

Comments

  • fatbelly
    fatbelly Posts: 23,023 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 6 October 2011 at 12:41AM
    If there was a 6-year period with no acknowledgement/payment, it's statute barred and that is a complete defence. Respond online to defend the claim.

    Your mom hasn't been issuedwith a ccj - she's been issued with a claim.

    And once a debt is statute barred, it stays that way. Subsequent payment does not change its status.
  • Thanks Fatbelly! Anybody else have any other thoughts?
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