Not sure if debt is enforceable

Aaron8219

sourcrates wrote: »

They are talking rubbish, you have a good case to get the CCJ set aside, you need to pay a fee for this, info here :

They did tell me I can file a dispute if I so wish, but that because it is my responsibility to inform creditors of change of address, it will not mean the judgement won't stand.

Surely they would just resubmit under my current address?

Is Mason Bullock a free service? Could I call them tomorrow for advice or is there a charge?

Aaron8219

I have been browsing various advice sites on the web. An I've found this from moneyaware.

"A creditor will send correspondence to the last known address, and it’s your responsibility to make sure the creditor has up to date contact details. It’s unlikely that not receiving the paperwork for this reason would form the basis of an adequate defence."

Thoughts?

DandelionPatrol

Aaron8219 wrote: »

I have been browsing various advice sites on the web. An I've found this from moneyaware.

"A creditor will send correspondence to the last known address, and it’s your responsibility to make sure the creditor has up to date contact details. It’s unlikely that not receiving the paperwork for this reason would form the basis of an adequate defence."

Thoughts?

Yes, you are giving too much credence to what the debt collector says.

True enough, you should normally update your creditors with your address to make sure that you receive court papers and can defend. But I am somewhat disappointed that in your case, the court office got themselves involved in telling you that you were not eligible for a set-aside.

As far as I can see, if your ex can come good on making a statement that nothing was paid towards the debt, then you have a very good case of Statute Barred. And as such you stand a very good chance of winning against a claim. So you should be awarded a set-aside. Serving papers to the court but not to the defendant should never become a route to apply a CCJ for a Statute Barred debt.

Aaron8219

DandelionPatrol wrote: »

Yes, you are giving too much credence to what the debt collector says.

True enough, you should normally update your creditors with your address to make sure that you receive court papers and can defend. But I am somewhat disappointed that in your case, the court office got themselves involved in telling you that you were not eligible for a set-aside.

As far as I can see, if your ex can come good on making a statement that nothing was paid towards the debt, then you have a very good case of Statute Barred. And as such you stand a very good chance of winning against a claim. So you should be awarded a set-aside. Serving papers to the court but not to the defendant should never become a route to apply a CCJ for a Statute Barred debt.

Thanks for the reply. Just to clarify, my previous post regarding updating my address was taken from a debt advice site. The debt collector did say this also, but I found this info and thought I would post it here.

It seems that the payment does exist from 07/11/2009, meaning it is not statute barred. The issue now is do they need to prove that it was me or my ex partner who made the payment? I know it was not my ex partner, we can take that as fact from this point on. It seems that it was made by a DMP, but they have no details of this, and Santander has told me they it will be very unlikely that they will have any further info in their back office.

With this being the case, and they can't prove who made the payments (monthly, up to 07/11/2009) would the 6 years begin from original default date of 05/11/2008?

DC says it doesn't matter who paid it in, activity on the account is enough to reset 6 year clock. I am looking to check the validity of this statement.

DandelionPatrol

Essentially, the debt collector do need to prove it was you or your ex who paid. Although you can say we can take it as fact that your ex did not pay, ideally, you need to be able to close that off with a court to the same standard as you can close it off for yourself ie by means of a statement. You need to be able to make that as an assertion to cast the burden of proof back on the creditor.

It really does matter who paid. It has to be the debtor to reset the SB clock.

sourcrates

One bit of advice, don't listen to a word the creditor or there solicitors or agents tell you, they are purely out to get money from you, any advice they give you, will not be in your best interests.

National Debtline your best place for advice on this !!!!

fatbelly

sourcrates wrote: »

One bit of advice, don't listen to a word the creditor or there solicitors or agents tell you, they are purely out to get money from you, any advice they give you, will not be in your best interests.

National Debtline your best place for advice on this !!!!

Precisely!

County court - how to set aside a judgment

omq187

Hi there,

I have received a Claim Form for a debt i believe to be Statute Barred. The Claimant is Arrow Global Guernsey Limited and they are being represented by a Solicitors firm. In the Particulars the Contract date is 12.07.2008 whilst the assignment date to claimant is 20.12.2011.

I am pretty certain that there has been no payment from 2009 onwards and any previous payments were initially made from a company account where the company has now been dissolved.

The debt has never appeared on my Credit File (requested from Credit Expert) and still does not appear recently.

I have drafted the Acknowledgement with my intention to defend the claim and have also added in my Defence that i believe this debt to be Statute Barred. Is this correct? should i mention anything else in my defence.

fatbelly

You've tagged this on to two threads now. You should start a new thread as your scenario is different to this one.

But the response is going to be similar to post #2 here

You really need to ask this question on Legal Beagles, they are more geared up to answer questions of a legal nature :

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim