CCJ for statute barred debt

whipping_boy

Hello all
I am new to this forum so I am unsure whether I should add this to an existing thread or start a new one.
In breif, I have just received a CCJ from a debt I believe to be statute barred. I had a falling out with my credit card company years ago because they increased my interest from 9.9% to 27.9% after i finished work due to sickness. I had health insurance (PPI) which refused to pay my loan and CC because my illness was thought to be a psychosomatic response to stress and mental health was not covered (even though I had physical symptoms and a blood disorder). I paid for 2 years, borrowing from the credit card to pay the loan, until the debt had spiralled out of control and I could no longer pay and thus defaulted. This was may 2008.

I argued with the DCA's when they phoned and said there was no provision to modify in the T&C of my credit card and that I refused to pay the debt for this reason. I didn't hear anything for years until a CCJ dropped in december 2014 to a previous address. My ex-landlord brought me the letters yesterday.

I have phoned the court today and asked for the judgement to be set aside and they are in the process of sending me the application form.

I dont have the original contract to prove that the contract had no provision to modify nor do I have any statements to prove the age of the debt. I phoned the DCA and they say I last paid in 2010 but I am almost positive it was in 2008.

I checked experian credit report and all it shows is a CCJ from 2014. How can I find out when I actually defaulted or can I use the provision to modify as a valid defence for not paying.

I am not just trying to get out of a debt I owe.. I am genuinely believe i was unfairly treated by these people. Also, is it too late to try and claim back the PPI? I wouldnt have bothered until this CCJ but now I want to hit back.

Sorry for the long post and any advice would be hugely appreciated.
Thanks in advance

ALIBOBSY

DCA's have often been known to make up or add a small extra payment to an account to try to "reset" the statute barred clock.

You can ask for the CCJ to be set aside, but they may well reapply and you need to defend as statute barred (providing you are SURE you didn't make a payment at all).

It may be worth serving the DCA with a full data protection request. They have to prove the alleged payment existed and came from you and having all the documents will show where they allege this payment comes from. TBH if you were told this over the phone believe nothing they say. Debt collectors have been proven to lie and threaten over the phone repeatedly. It may be if you simply ask for details of this supposed payment to be sent to you in writing they may suddenly decide this was "an error".

BTW this thread may well be better in the debt forums than here.

Good Luck

Ali x

whipping_boy

thanks ali

If the statute barred time limit was not quite up would I have a valid defence with the provision to modify clause being missing from the T&C's. I am just trying to cover all angles.

Would it also be possible for someone to move this to correct forum.

Thanks

Tixy

In what way do you thin kdid they modify the T&Cs?

chanz4

yes they can up your apr

whipping_boy

Can they up your apr even if it isnt stated in the T&C's. Sorry for the noob questions but I'm sure i heard a radio advert a few years ago saying if your credit card was pre 2000 then you might not have to pay it back due to this clause being missing. I'm probably mistaken though.. I can't think straight at the moment.

After further checking the CCJ is for a loan which defaulted at the same time as the credit card and it is definately statute barred as it was taken direct debit from my bank account and the last payment was June 2008.

Also, I have checked my credit file on experian and the only thing it shows is this CCJ for my loan which I am going to contest. Is there any chance of the DCA applying for a CCJ for the credit card if it isnt shown on my credit file or does this mean that it is also statute barred and has fallen off my credit file.

Have you any advice on how to best fill in N244 for a statute barred debt.

Sorry again for the noob questions and I really appreciate all your help. How time sensitive is filling the N244 form in for a set-aside to be granted. Would I have to send it off today or would I be ok to send it next week.

Tixy

Yes the APR on a credit card can be changed by the creditor. The terms will state that the APR is variable, so it is not a modification of the terms.

Regarding a future CCJ relating to the credit card - the date a debt drops off your credit file isn't relevant to the date it might become statute barred. It is 6years from the last payment or written acknowledgement. So if they tried to take you to court and if you defended then the creditor would have to demonstrate that it wasn't statute barred.

In terms of filling in the N244 - state that you believe the debt fell within the provisions of the Limitation Act 1980 before the claimant commenced court action. And that you did not defend the claim initially as you did not receive the paperwork because it was sent to a past address.
This link may also assist you https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Page-03.aspx

whipping_boy

Thanks
I have just had a webchat with someone from the above link and they have said that the courts wont set aside the judgement because moving address is not a good enough defence. Even though I didnt know these people were chasing me for money I should have picked up mail from my previous address or informed my creditors that I had moved (even though I didnt know my creditors were trying to get a ccj debt from me)
Arghh.. Is there anything I can do?

Tixy

Moving address is not a defence on its own (i.e. notif the money was actually owed and not statute barred).

However if the debt was statute barred before the judgement then you can get it set aside.

whipping_boy

Thanks Tixy,
My anxiety levels have just lowered slightly. What timescales do I have to send in the N244.
The adviser from nationaldebtline was adamant that the claimant did everything right and that I was liable to pay the ccj even though it was statute barred (because they sent it to my last known address and it was dealt with in default). They said the court would not class moving address as a good enough reason for granting the set aside even though the debt was statute barred and they had recent examples. I went through scenarios of me not letting the creditor know my new address due to the 6 year time limit being passed but they were adamant that I would waste £155 and get refused the set aside.
So much confusion and conflicting information regarding this.
Thanks again

whipping_boy

Just received this reply from an advice site:


Thanks for getting in touch.

If the debt was statute barred at the time that the CCJ was issued then the court expects that you should defend the judgment within the time limits that apply. If you didn’t update your address or receive the claim form, this wouldn’t be suitable defence as it’s your responsibility to keep this updated.

This means that the debt is now enforceable and the best thing to do would be to offer a payment arrangement to help prevent further enforcement action. If the judgment is still in default, you should complete an N245 form and make a fair and realistic offer of payment based on your financial situation. If the judgment is left in default, the creditor can apply for further enforcement action such as a bailiff (enforcement agent) or a deduction from your wages or benefits. Once you have a payment in place, this will help you pay the debt back and reduce this risk.

The Limitation Act is designed to protect you from court action when a creditor has had long enough to do this, it doesn’t mean that the debt is written off and our advice would always be to repay what you owe if you recognise the debt.

If you’re struggling to repay the debt or need help offering a payment towards the CCJ or any other debts, we’d be happy to help. If you give our advisors a call they can put together a free personal action plan to help deal your debts.

I hope this helps,