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

jemwestlake

I have had the exact same thing happen to me..although I did owe it but was 18 and moved about alot and never opened letters 'dream world' .., I got into some trouble and was a bit dumb with finances back then however all my bills wormed there way back to me and I paid them one by one finally took responsibility, however after cleaning up my credit file and finally getting my long awaited excellent score after years,.I get this letter saying I have a shiny ccj, I check experian and there it is! could not believe it, also from provident 2200 pounds! I know I didnt owe anything like that amount, maybe 900 quid possibly but it was also 9 years ago, I think wescott has bought alot of old debt however they tell me they got this one in 2007 and the 6 years isnt up with them so they pursued it, but again no notice to me before giving me a judgement, I spoke to the court and they tell me that wescott just applied online for it...well...il apply online for one against them shal I!... now I know I owed some money so I have actually paid this debt to them but only because they've backed me into a corner, me and OH are in the middle of applying for our first mortgage and this has caused many problems for us and we really needed it gone, now they say it will be gone in 10 days, however.. is there any hope in taking them to a small claims court?? I dont think they should get away with the way they have handled it, putting copius amounts of non fee's to it.. and enforcing a statute barred debt backing people into corners, I don't that's good practice.

panic123

Stutued barred but AKTIV Kapital took me to County Court

Hi All,
I have the same problem.

Way back in the early 2000's i had a CC with MBNA and fell on hard times. I struggled to make the payments and in the end gave up. There has been no contact/payments for over 6+ years. Now AKTIV KAPITAL are saying that this debt was assigned over to them in Nov 2013.

They applied to the courts and obtained a CCJ order attachment to earnings. as i am self employed the court has sent me a letter stating
"the application for attachment to earnings is adjourned generally with liberty to restore" no time limit on letter.

But reading this forum I believe that this debt is STATUTE BARRED.
What are my options now.....Help!!!

I have not contacted / sent or signed any letters from Aktiv Kapital.
and someone keeps turning up at my home trying to get me to sign for something, but wont say what it is?

thewhiteavenger

panic123 wrote: »

Stutued barred but AKTIV Kapital took me to County Court

Hi All,
I have the same problem.

Way back in the early 2000's i had a CC with MBNA and fell on hard times. I struggled to make the payments and in the end gave up. There has been no contact/payments for over 6+ years. Now AKTIV KAPITAL are saying that this debt was assigned over to them in Nov 2013.

They applied to the courts and obtained a CCJ order attachment to earnings. as i am self employed the court has sent me a letter stating
"the application for attachment to earnings is adjourned generally with liberty to restore" no time limit on letter.

But reading this forum I believe that this debt is STATUTE BARRED.
What are my options now.....Help!!!

I have not contacted / sent or signed any letters from Aktiv Kapital.
and someone keeps turning up at my home trying to get me to sign for something, but wont say what it is?

You would have been better posting just once, and in your own thread.


But Fermi has given the links a few posts back to how you apply for set aside. If you can show that is was statute barred at the time of the original claim (or I suppose strictly speaking they can't show that it wasn't) and that you did not have the opportunity to defend the claim for some good reason then the ccj goes and the debt is unenforceable.


So your options are:


1. Apply for set aside
2. Ignore - they may have no practical way of enforcing this anyway
3. Consult Stepchange or Payplan if this is part of a bigger picture, particularly if an insolvency option like a DRO or bankruptcy is on the cards.

[Deleted User]

apply for a set aside using form N244; your reason will be the debt is statute barred.

Marktheshark

The N244 can be used to apply for a set aside.
Up until last year you needed concrete reasons as to why the first CCJ was not correctly administered.
However of recent, as long as you have the fee, they no longer appear to care, they just stamp the form and call everyone back after a short set aside hearing.

They rarely just set aside, there is more money in the making for a new hearing.