help urgent!

icklemumma

Thank you for the link. I am confused if a debt is statue barred. Then how comes they have proceeded with court action and its now on my credit file! Surely if they thought there was no way of claiming this money they wouldnt take action. Citizens advice said i cant dispute it as i have missed the defence for court. They have granted the liability order and i have to pay. Im worried this will end up in bailiffs which is the last thing i want :lipsrseal:cry:

National_Debtline

Hi again

icklemumma wrote: »

Thank you for the link. I am confused if a debt is statue barred. Then how comes they have proceeded with court action and its now on my credit file! Surely if they thought there was no way of claiming this money they wouldnt take action. Citizens advice said i cant dispute it as i have missed the defence for court. They have granted the liability order and i have to pay. Im worried this will end up in bailiffs which is the last thing i want :lipsrseal:cry:

I read your initial post as meaning you had just received the claim form, whereas it appears you have already had a county court judgment granted against you - apologies for the misunderstanding.


Even though the debt may have been statute barred, it doesn't prevent them from trying to get a judgment against you - you have to argue that it is out of date, it won't just be thrown out of court automatically. Things are a little trickier now that a judgment has already been made, but it should still be possible to ask the court to "set aside" the judgment to give you a second shot at disputing it, despite what Citizens Advice may have suggested. This is another fact sheet you may find useful:


https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx


You're very welcome to call us for more detailed advice on your next steps as it's difficult to establish the full picture within the confines of a forum discussion.


Dennis
@natdebtline

DCFC79

icklemumma wrote: »

So my best bet is to return the expenditure form. Bloody car hire purchase. Never again:mad:

Nothing wrong with car finance if you follow the rules.

stator

Your best bet is to try and get the verdict set aside, but you will need to find ground to do this.

Have you moved house? Is the CCJ issued at your old address?
Did you receive the court summons? If you received it, what did you do with it? Were you ill or on holiday? Did you just ignore it?

icklemumma

Thank you all for your comment I have decided who dispute and filled out a form requesting the CCJ is set aside as statue bard under the limitation act 1980 I spoke to national debt helpline and they said I have a strong case I'm very scared to send this off but I do believe I have a case to fight I will keep you updated and I'm hoping for a positive result wish me luck:eek:

stator

Is that your only grounds for having it set aside? Were you aware of the CCJ proceedings before the judgement was granted? If you weren't and they served the wrong address that might be better grounds to have it set aside.

chalkie99

icklemumma wrote: »

Its a hire purchase agreemeent and the termination cost was 4698.34. And i had paid from sept 2004 to jan 2007 at monthly instalments of 193.07 so that work out at 40 months and total paid 7.722.80.

Something very wrong with your maths here which might explain the shortfall.

If the first payment was made in Sept 2004 and the last in January 2007 that is a maximum of 29 months.

icklemumma

My grounds for requesting I set aside is one this is dating back to 2008 I have had no correspondence up till last month which I find odd and yes my maths is rubbish I failed GCSE I am sending the n244 form off today can anyone advise do I send this separately to the attachment of earnings and do I send the n244 to the same Court I am returning the attachment of earnings to many thanks for your help

fresvinog

I just want to know.. is it still possible to return the car even if it's way back 2007 already?

icklemumma

Car was vt back in 2007. So as far as i was concerned i had paid over the amount need to return the car and there was no issues.