please help!! ccj for statute barred debt???

zebedee29

Hi Guys

please be gentle with me . i really need some advice fro you lovely folk.

I received a ccj today from Norhampton county court for a debt from about 10 yrs ago. I have heard nothing from the original creditors up until a letter 2 days ago telling me they had applied for a ccj and it had been granted. today the court letter arrived.

i have worked really hard to sort myself out over the last 7 yearsd and am now debt free and have a good credit rating!!

i called the court to check that the ccj wass in fact real and not somethign wecot had made up. they confirmed that it had been granted and i had 30 days from the date of judgement to pay it.

my question is is there anythign i can do to get this ccj set aside. to behonest i doint remember the debt ( but i cant swear). i've not heard anything from anyone for over 9 yearsd adn now this!!

i beleived the debt to be statute barred at 6 years, but this seems not to be the case.

please can someone give me some advice?

many thanks in advance

mynameistallulah

The court would have written to you when Wescot applied for the CCJ - did you not respond?

ikkle87

Do you know what the debt was for hun? catalogue, council tax, utility bill, credit card etc x

zebedee29

hi guys, thanks fort replying so quickly.

mynameistallulah- i've not had anything at all from the court- nothing . if i had i would have repsonded in double quick time because keeping my credit file clean ahs been a priority for me.

ikkle87- the letter from wescot states provident loan- now i dont rememeber ever having a loan from them. they are the doorstep lenderd and really really have never borrowed from anyone like that

endora

You should have received a claim from the County Court or Northampton Bulk Centre prior to them obtaining judgment by default. Have you moved recently?

awayinchina

Ok,
it might be worth trying to get this back infront of a judge with legal representation and counter claim to the value of the debt and costs (if you are 100% percent sure its not yours).
I would start by getting all credit agreements and documents held by provident loans and wescott. (it will cost about £10 each) but this will go as costs in your counter claim. Then you can really check if this is 100% not your debt.
if this is not your debt you can win this case hands down and be awarded damages.

good luck

fermi

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

In recent times, Provident has taken to acting as debt collector. i.e. buying up old debts from other sources and trying to collect them themselves. So could be a debt from them, or just about anywhere else.

fermi

zebedee29 wrote: »

i beleived the debt to be statute barred at 6 years, but this seems not to be the case.

It may well have been statute barred.

Unfortunately a court will not consider that under it's own initiative. Without you defending the claim, they will just enter judgment by default, regardless.

If you had had the chance to respond and defend the initial claim, you could have raised the debt being statute barred as a defence. Now it may be something to raise in any set aside application instead.

bluetimone97

Zebedee, I had exactly the same thing arrived Friday, I have no idea where it is from or when and had no correspondence from the court, only the judgement.

fatbelly

bluetimone97 wrote: »

Zebedee, I had exactly the same thing arrived Friday, I have no idea where it is from or when and had no correspondence from the court, only the judgement.

Was it also a Provident debt?

Northampton is a bulk centre, and I'm starting to suspect that a bulk order from Provident may have been processed wrongly.

You and Zebedee should be making enquiries to the centre manager:

Ceridwen Spooner - Centre Manager 0845 408 5302

or email ccbcdefendants@hmcts.gsi.gov.uk

bluetimone97

fatbelly wrote: »

Was it also a Provident debt?

Northampton is a bulk centre, and I'm starting to suspect that a bulk order from Provident may have been processed wrongly.

You and Zebedee should be making enquiries to the centre manager:

Ceridwen Spooner - Centre Manager 0845 408 5302

or email ccbcdefendants@hmcts.gsi.gov.uk

Yes apparently it was.