CCJ issued - could be statute barred. HELP please!

simonmills86

Marktheshark wrote: »

Start with a full Subject Access request to the lender, include £10 cheque write on the back "payment for SAR request" and state they must provide all copies of any account information and payments along with the full information they hold on you.

Ok, sounds like a good place to start.

Should I include any information of the CCJ and ask for any further action to be put on hold until further notice?

The solicitors have given me a week to get back to them with regards making any payments but a SAR could take up to 40 days.

Thanks again for your advice.

Marktheshark

There was no court if you failed to respond to the summons (court papers)
The judgement was made in default.

First thing you are going to have to do is learn how to correctly write a letter, use a stamp and obtain certificate of postage from the post office.
You cannot ring, call e,mail fax anyone from now on, all has to go in writing.

I would start by making a complaint at the SRA how to complain about a solicitor accusing the solicitors firm involved of deception and perjury in supply false information to a court claim.
You need to act very quickly as in TODAY.

simonmills86

Marktheshark wrote: »

There was no court if you failed to respond to the summons (court papers)
The judgement was made in default.

First thing you are going to have to do is learn how to correctly write a letter, use a stamp and obtain certificate of postage from the post office.
You cannot ring, call e,mail fax anyone from now on, all has to go in writing.

I would start by making a complaint at the SRA how to complain about a solicitor accusing the solicitors firm involved of deception and perjury in supply false information to a court claim.
You need to act very quickly as in TODAY.

MBNA Limited, Registered Office: Stansfield House, Chester Business Park, Chester CH4 9QQ.

Dear Sir or Madam
Subject access request

S**** Mills
(address)

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to any credit cards I have taken out with your company, including any statements, correspondence and dates of payments.
If you need any more information from me please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk
Yours faithfully
[Signature]

Is this ok to start? With regards to the solicitors complaint and accusations of perjury, surely I'll need to wait until the findings of this to progress any further? What they say may indeed be true however they've failed to provide that information at this point and I have no recollection of contacting them since the last payment date which is longer than 6 years before legal proceedings.

What I'm interested to know i how should I play the solicitors at this point? They've only given me until next week to get back to them. I don't want to incur any further charges or end up with enforcement warrants being issued against me.

fatbelly

You have been told that the last payment 'was made on the 21st October 2009.'

Providing you didn't acknowledge the debt in writing after this, it became statute barred in October (probably November) 2015 and so by them starting a court claim in December 2015 you have a defence (that the debt was already statute barred) with a reasonable prospect of success. The dates are a bit tight but sound OK.

The other factor you need is to 'act promptly'.

Both of these are set out in the factsheet National Debtline linked to earlier.

You need to get on and apply for set aside while doing your SAR to get documentation. As things stand they can enforce this by bailiffs etc as you have defaulted on the order.

It would have been easier to defend this at claim stage but you are where you are.

As already said, legalbeagles is the place to go for advice.

simonmills86

Ok fat belly, thanks for your input.

Will keep you updated on what happens.

chanz4

just hope they don't produce your admittance reply

Marktheshark

You can state perjury as a reason to have the claim struck out stating that the person knowingly signed a statement of truth in the knowledge that the factual statements made on the claim form were wholly untruthful.
As this is what appears to have occurred I would go straight for it and let the fool that signed the court papers deal with the issue of making false testaments.

fatbelly

Any admittance after the debt became statute barred does not affect that status

Limitation Act 29(7)

...a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

Reston will argue that the relevant date is the default date and that this is an arguable point...which it is, but there is plenty of case law to suggest that that doesn't apply to a simple credit card contract.

Legalbeagles meet this quite often.

simonmills86

!!!UPDATE!!!

This afternoon I had my court date at the county court in Leicester and successfully had the judgement set aside due to no one from either Arrow Global or Restons showing up and contesting the case.

The only evidence the Judge had to base any decision on was that a loan agreement was set up between myself and MBNA in June 2009, therefore rendering it statute barred due to the prosecution not supplying a more recent cause of action date.

As you can imagine I'm chuffed to !!!!!!y about this but know I'm not in the clear due to the prosecution having a right of appeal within 28 days. However if todays no show is anything to go by then maybe they've given up the ghost and realised it's probably not worth their time pursuing any further.

Thanks to everyone that contributed to this thread and encouraged me to appeal the judgement. I had no further legal assistance than my own research and the help of people on here so I'm eternally grateful.

I also owe much gratitude to the court clerk who told me to reconsider getting the court date adjourned as I wasn't in receipt of the Subject Access Request but advised me that the onus was on the prosecution to prove that the debt wasn't statute barred and not the other way round.

Cheers everyone :beer:
I will update further once I know if the judgement is being contested or not.

sourcrates

If they didn't bother turning up to court, I doubt they will bother to appeal it.
Well done !!