Chances of being Set Aside

TherealMandM

Just wondering what my chances of my CCJ being set aside are.

I sent in the forms to the court yesterday along with evidence.

In Aug2008 I moved from an address in Somerset over 300miles to the North East
In Aug2010 a CCJ was issued at my old address in Somerset which I knew nothing about
In Aug2011 the Debt company that issued the CCJ (they had bought old debt) wrote to me at my new address, asking for the amount which was originally owed from an old barclaycard debt. In this letter they said they had bought the debt in 2008 and were now recovering what was owed, there was no mention of trying to contact me before or that a CCJ had been issued against me and the total they were asking for was different than the CCJ.
In Sep2011 I received a letter from the same debt company saying that the debt was statute barred and the amount owing was £0 and account was now closed. But in this letter they still did not mention a CCJ against me.

I phoned the court up yesterday and found out that the CCJ was made by them and sent in a n244 with a longer version of the above with evidence showing that I was not living at the address in which the CCJ was issued for 2 years prior to the CCJ being issued and I had not informed the debt collection agency as I did not know they were chasing me for the money and they had not sent any letters to me at that address prior to moving. I also included copies of the 2 letters I received from the debt collection agency in 2011.
I never gave the agency details of my old address, but they somehow had that address, I never gave them my new address either and they also had this. I believe they had my new address when they issued the papers against my old address as I was on the Electoral roll etc before the CCJ was issued.

If it does get Set Aside where do I go next, I am willing to pay the original debt owed to barclaycard in full however the claim is being made from a debt collection agency which is now saying I owe nothing and account is closed.

Any advice from here?

Tixy

Did you know there was a debt owed to barclaycard?

Did you give barclaycard details of you new address when you moved?

They will have got your old address details from barclaycard. They won't automatically search the electoral roll to try to track someone down before applying for a CCJ.

They could have found out your new address eventually from various sources - common is searching your credit file to see if there is a new linked address from the old address (e.g if you take a bank account from old address to new address your bank will reflect the address change on your credit file).

However the letter regarding the debt being statute barred and a nil balance owed puts an unusual angle on the case.

TherealMandM

no I did not tell barclaycard I had moved, but barclaycard never had the address in the first place. I was aware of debt to them but it was from 2002 and I hadnt made payments for a long time
the last address barclaycard had was from 2002-2004 and not the address the CCJ was issued as I lost my car, then my job and finaly the flat in 2004 and ended up being homeless for over a year no one had my address

Tixy

It sounds like the debt would have been statute barred before they obtained a CCJ?

Was there a period of 6years between 2002 and 2010 that you made no payments towards the debt, nor acknowledged the debt in writing to the creditor or a debt collector?

If so then you should be able to get is set aside simply on the basis that it was statute barred before the CCJ was obtained - a fact that the debt collector has confirmed in the 2011 letter.

TherealMandM

I dont think I ever made a payment on the card as I got it to dig my self out of a hole which ended up getting bigger, I know I received debt collection letters at the address where i got the card but I never replied to any or spoke to anyone about them.

TherealMandM

Received a letter from the court this morning, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.
Any advice from here?
It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,
Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?

TherealMandM

Phoned the court and got the solicitors number it was Brian carter
then was advised on legal beagles that I have an reason to call them as I needed to give my number. They still claimed they had only my old address which is strange as Lowell had sent letters to my new address. So they have my address and don't tell there solicitors?
Also I mentioned the fact I had a letter from Lowell admitting it was statute barred which they also claimed not to know about. But he did say he had a note on my file to cease chasing the dept from sep11 this was 1month after they admitted it was SB
Who is responsible for chasing a ccj? The claimants solicitor or the claimant?
BC gets a CCJ awarded for £991 either he doesn't tell Lowell or they try to hide the CCJ when they contact me after asking for £812.
Why go through the hassle of taking me to court and then not claiming the amount rewarded seems like a waste of court time or a cover up?