help urgent!

poppasmurf_bewdley

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:

Of course the would. They just hope that you don't know that the debt is statute barred (and neither would the court if you didn't tell them) and will pay up.

fresvinog wrote: »

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

How can he? He's already returned the car.

keith969

icklemumma wrote: »

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.

So why did the finance company demand £2000 in Jan 2009? And why did you not follow up with them?

undaunted

I think National Debtline have given you sound advice.


Quite why you say you have received no correspondence isn't clear - I would have expected you to have had several contacts from the creditor and Courts before a CCJ was obtained. If you've perhaps moved address and hence not received them this may further strengthen your claim to a set aside request.


If the truth is that you were sent the correspondence and just ignored it, rather than filed a defence however you may now struggle to find much sympathy in seeking to have it set aside

icklemumma

Morning all. I sent my defence back requesting a set aside. I have received a suspended attachment of earnings. Unsure what this means can anyone help? It states that payments are to be made. I have 16 days to dispute the terms? Im confused as this was sent the day they would have received my forms for judgement to be set aside? Do you think if i call them they will help?

DCFC79

icklemumma wrote: »

Morning all. I sent my defence back requesting a set aside. I have received a suspended attachment of earnings. Unsure what this means can anyone help? It states that payments are to be made. I have 16 days to dispute the terms? Im confused as this was sent the day they would have received my forms for judgement to be set aside? Do you think if i call them they will help?

Is there a letter with it ?

Can you take a photo of it and upload it ?

icklemumma

No letter just this form from court. How do i get photo on here?

DCFC79

icklemumma wrote: »

No letter just this form from court. How do i get photo on here?

Use a photo upload site like imgurgent.

AnotherJoe

icklemumma wrote: »

Morning all. I sent my defence back requesting a set aside. I have received a suspended attachment of earnings. Unsure what this means can anyone help? It states that payments are to be made. I have 16 days to dispute the terms?

It means you have 16 days to dispute.

icklemumma wrote: »

Im confused as this was sent the day they would have received my forms for judgement to be set aside? Do you think if i call them they will help?

Obviously what you sent arrived too late so it hasnt been considered. I think you need a solicitor to help sort this mess out.

ciderboy2009

Have you actually set in an application to set aside the judgement along with the relevant fee or just a defence form?
If just the defence form then it's probably being returned to you as too late as you already have judgement entered against you.
As others have advised I would suggest that you get some legal advice as you now need to stop the Attachment of Earnings application as well as setting aside the judgement.
Do you know the actual date of the judgment? It's possible that it could have been entered some time ago so the statute barred defence may not stand up.

icklemumma

I sent the attachment of earnings but stated for it to be set aside. I also sent a claim form in and payment. It was sent special delivery. And the due date would have been tomorrow. This is stating i pay £50.00 a month till debt cleared. I will call court tomorrow. Im so confused with it all. I sent my forms to basildon court. This form is drom another court!
I will upload a picture tomorrow. :wave: