Being threatened with CCJ for aged debt

koakes1

Apologies if this sort of issue has been raised before.

I've recently received a letter from a legal company threatening court proceedings for a debt they have inherited/bought from another debt collector, which they in turn had purchased from RBS some 6-7 years ago.

I have never heard of this latest company before, and had no telephone contact with them. If I owe them money as they claim surely I would know of their existence, or they would just call me? I just got one letter threatening a CCJ (poorly addressed as well, nearly didn't arrive at all). I chose to ignore it given I do not owe them any money and had never heard of them.

Next thing I know I am told I have had judgement entered against me as I chose not to contest/defend it.

I have since spoken with Northampton Court. It seems I now have to prove my innocence as judgement has been passed. I don't mind that as judgement has been entered but at no point prior to judgement did anyone have to prove my guilt? it seems that almost anyone can initiate a claim and if it isn't contested they effectively win. Even if completely unjustified.

What's the best course of action here?

If it helps, as some background, I did have business with RBS, but over 6-7 years ago. A debt was settled by me just prior to them referring to debt collectors (6-7 years ago). I then moved house. Only 2-3 years later did this re-surface as I gather me paying RBS and them instructing a debt collector somewhat overlapped. The debt was settled by me anyway before I moved house, but even if not settled, as over 6 years ago, I assume its written off anyway?

I have since had a debt collectors chasing a debt that does not exist (RBS have never chased me directly, before or after debt collectors involvement, for over 6 years), and the first debt collector had clearly given up as when continually asked for proof I owed money to RBS were unable to produce anything over such a long period of time.

I appreciate there are people that run from their debts, or people that "use the system", but given I have only ever been chased massively after the event, and by companies I have never heard of, I think the system a little skewed.

Who in their right mind would get a letter from a company they have never heard of demanding £1500 or else, and just ring up and pay it no questions asked??

Any help, guidance, etc would be appreciated. I intend to initiate an application to set judgement aside. What is the best case to argue? what is the chance of success? any tips?

Thanks in advance,
Kevin.

National_Debtline

Hi Kevin

Welcome to the forum.

From what I can gather, it sounds as if you might have grounds to challenge this and "set aside" the CCJ - that is, get it overturned.


If you did not get the claim form (and it doesn't sound like you did!), you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

The creditor obviously knew your current address as you'd received a letter shortly before being notified of the CCJ.

Also, as the debt appears to be over 6 years old, there is a good chance it had already become "statute barred" by the time the creditor started legal action. If this is the case here, you can use this fact as a defence.

Some recommended reading on the statute of limitations and the process for applying to set aside the judgment:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Regards

Dennis @NDL

koakes1

Thank you Dennis.

You say "Also, as the debt appears to be over 6 years old, there is a good chance it had already become "statute barred" by the time the creditor started legal action. If this is the case here, you can use this fact as a defence."

When you say use as a defence, do I take it if I can prove its over 6 years old then its a formality to get it overturned?

ta

dinky201

you need n244 form to set it aside

National_Debtline

koakes1 wrote: »

Thank you Dennis.

You say "Also, as the debt appears to be over 6 years old, there is a good chance it had already become "statute barred" by the time the creditor started legal action. If this is the case here, you can use this fact as a defence."

When you say use as a defence, do I take it if I can prove its over 6 years old then its a formality to get it overturned?

ta

Hi again Kevin

It would be a two-stage process:

- Firstly, as dinky says above, applying to set the judgment aside using the N244 form (see the 2nd hyperlink in my previous post)

- Secondly, assuming that the creditor then reissues the claim (which they may not necessarily do if they think they are snookered!), you could defend the new claim on the basis that you believe it to be statute barred (SB).

I would expect that if the creditor had any evidence to disprove your SB claim, they would be able to produce it promptly or not at all. SB defences are usually fairly black and white matters - they can either be contradicted with concrete evidence or they can't; there isn't really much scope for different interpretations.

One other small point - you refer to "innocence" and "guilt" in yoiur first post. I'm sure you were using the terms figuratively but for the benefit of others viewing this thread, it's worth reiterating that we are dealing with the civil courts here as opposed to criminal matters.

Regards

Dennis @NDL

koakes1

Thank you again Dennis.

Given the company that has initiated the CCJ only inherited this apparent debt some 6 years after the event, I would imagine they have no evidence at all. I hope not anyhow. Just seems a very harsh and quick pursuit of matters. Someone could go on holiday or away on business for a month and walk back to a CCJ without even knowing about it!

I'll act on your suggestion, and use your knowledge again in the coming weeks if need be if you don't mind.

Thank you again.

spacey2012

If you are filing a N244 form it is imperative that you get it filed YESTERDAY !
In that I mean, download and fill it in as quickly as humanely possible and get it in the first class post Monday Morning, until this is done, cancel everything and everyone.