CCJ Set Aside today

JDOG1982

Hi everyone

I have just been to court today as I requested a CCJ to be set aside as I never received the original paperwork and I believed the debt to be statutes barred. Bryan Carter solicitors did not attend and sent a letter stating that they don't object to the CCJ to be set aside.

The outcome of the court hearing was that they are going to set aside the CCJ which is great news.

My questions are...

1. Is that the end of the matter?

2. Will Bryan Carter request another CCJ against me as they have stated in previous letters that it wasn't statuted barred and I had made payment within the 6 years.

Thank for your time.

fatbelly

They can start a fresh claim. Whether they will or not depends on them.

If it happens, obviously you will defend on the grounds that it is statute barred.

JDOG1982

fatbelly wrote: »

They can start a fresh claim. Whether they will or not depends on them.

If it happens, obviously you will defend on the grounds that it is statute barred.

As they did not attend court and sent a letter to the judge stating that they don't object to the CCJ a being set aside, would it not be very strange of them to start a fresh claim when they could of dellt with it now.

antonic

No,

And as they now have your current address they can.

thewhiteavenger

A set-aside hearing would not be the place for a full consideration of the ins and outs of whether something was or wasn't statute barred. The judge just had to be convinced that there was an argument to be had and that the way the claim was originally served prevented you from bringing those arguments to the court at that time.

However, it seems they didn't even attempt to argue against the setaside. It's possible they have taken a commercial decision that this one isn't worth the effort but as posters above have said, it's their call. Could go either way.

[Deleted User]

It's extremely unlikely they will chase it now it's been set aside; as with all bullying DCA's, once they're challenged they back down. Good on you for seeing it through.

National_Debtline

JDOG1982 wrote: »

Hi everyone

I have just been to court today as I requested a CCJ to be set aside as I never received the original paperwork and I believed the debt to be statutes barred. Bryan Carter solicitors did not attend and sent a letter stating that they don't object to the CCJ to be set aside.

The outcome of the court hearing was that they are going to set aside the CCJ which is great news.

My questions are...

1. Is that the end of the matter?

2. Will Bryan Carter request another CCJ against me as they have stated in previous letters that it wasn't statuted barred and I had made payment within the 6 years.

Glad to hear you have got the CCJ set aside, well done.

I'm guessing that when Bryan Carter made the claim you refer to in question #2, they didn't actually supply you with any concrete evidence to support it? Details of the payment method for the payments you were supposed to have made within the past six years, for example?

JDOG1982 wrote: »

As they did not attend court and sent a letter to the judge stating that they don't object to the CCJ a being set aside, would it not be very strange of them to start a fresh claim when they could of dellt with it now.

Yes, it would seem strange and from the way things have panned out so far, they may well decide to withdraw the proceedings altogether. I can only suggest that you keep us posted with developments one way or the other.

Dennis
@natdebtline

JDOG1982

Well fingers crossed that this is it, hopefully.

JDOG1982

National_Debtline wrote: »

Glad to hear you have got the CCJ set aside, well done.

I'm guessing that when Bryan Carter made the claim you refer to in question #2, they didn't actually supply you with any concrete evidence to support it? Details of the payment method for the payments you were supposed to have made within the past six years, for example?



Yes, it would seem strange and from the way things have panned out so far, they may well decide to withdraw the proceedings altogether. I can only suggest that you keep us posted with developments one way or the other.

Dennis
@natdebtline

****UPDATE****

Hi all

I have just received another letter from Bryan Carter today, I'm guessing the courts have been in touch with them to state that the CCJ has been set aside. Below is what they have said...

"We confirm that we are currently still investigating your queries and we will revert to you in due course."

"In the meantime, we confirm your account remains on hold."

What are people's thoughts?

Are they just delaying for some reason?

If they were going to take me back to court would they have not said so?

Many thanks

National_Debtline

JDOG1982 wrote: »

****UPDATE****

Hi all

I have just received another letter from Bryan Carter today, I'm guessing the courts have been in touch with them to state that the CCJ has been set aside. Below is what they have said...

"We confirm that we are currently still investigating your queries and we will revert to you in due course."

"In the meantime, we confirm your account remains on hold."

What are people's thoughts?

Are they just delaying for some reason?

If they were going to take me back to court would they have not said so?

Many thanks

Hi again and thanks for the update.

My best guess as to the significance of this latest letter? They are trying to establish whether they have any evidence of payments/written acknowledgements that would scupper your statute barred argument. Bear in mind that when they were originally passed the debt, they may not have known a great deal about its payment history.

Now that they know you are aware of the Limitations Act and its significance, I would have thought they would decide to stop pursuing you for it if they can't find any relevant evidence as above.

Sit tight for now, is my advice.

Dennis
@natdebtline

allysbargainstore

Hope it goes your way, I've had enough trouble with CCJ's and can't wait for my credit report to be of a position where I can get credit again ... though maybe that's not such a good thing anyway