Wescot Spv - Statute Barred

pearce_2

I have just found out today that I have recently been given a CCJ for a littlewoods debt of £1191.13 that is over 10 years old, the CCJ was served on 15/02/2012. How do I stand with regards to applying for this debt to be Statute Barred?

Thanks in advance

fermi

10 years old?

But how long since you last acknowledged or paid the debt?

If it's more than 6 years then you can apply to have the CCJ sets aside.

See ---> How to set aside a judgment in the county court

pearce_2

I havent paid the debt for about 8 years, cant believe they are still chasing the debt!! Thanks for the help.

FireWyrm

Holy cow!

How on earth did they get that through?

FireWyrm

pearce wrote: »

I havent paid the debt for about 8 years, cant believe they are still chasing the debt!! Thanks for the help.

Definately have it set aside. I cant believe they got away with it.

pearce_2

Will I need legal representation? Im a full time student and should be entitled to legal aid!! Hopefully.

They just rang with a settlement figure of £840, I just hung up! Cheeky !!!!!!s!!

fermi

No reason why you should need legal representation if the debt was clearly statute barred when the CCJ was applied for.

First I would talk to National Debtline who wrote the above set aside factsheet.

Possibly also post for help on the legal boards of other consumer forums such as consumeractiongroup and legalbeagles, where there are quite a few people who have done set asides themselves.

RAS

FireWyrm wrote: »

Holy cow!

How on earth did they get that through?

easy

Serve notice on the last known address. Debtor fails to defend case = CCJ granted.

This is why any legal case regarding a statute barred debt needs to be defended.

Only defence needed is that the debt is SB, but it has to be done properly.