CCJ Question

Throwaway16

Hi, I've created this throwaway to maintain anonymity. I hope that's allowed around here.

I've recently been hit with a CCJ that I believe is statute barred. I'll try and keep as concise as I can, but I have a few issues and questions.

- The debt is from an old bank account I stopped using back in 2008. I know this for certain as I was in a very bad place back then with regards to employment and mental health. I have email confirmation of my new bank account made that year. When I opened this one, I used only this one going forward.

- The debt collectors that initiated the CCJ contacted me earlier in the year threatening that they would do so. I sent a plain, non-identifying letter saying that the debt was statute barred. My understanding is that it should be up to them to prove otherwise, is that right?

- They responded a week or so later, saying that the last action on the account was some time in February 2010, but I know for a fact that this isn't true. Because of this, they said it was within the 6 years. They provided no evidence or what the particular action was.

- Towards the end of March, I got the letter from the County Court centre. I've never dealt with this kind of thing before and I wasn't aware there was a time limit to respond. I should also mention that neither these guys nor the collection agency had sent me a 'claim pack' that was mentioned. Neither told me there was a specific 14-day period to dispute the claim either.

- Unfortunately I responded too late and the CC Centre instantly returned my dispute form saying that I was too late and that it'd cost me something like £250 to further dispute the judgement (I can't be more specific as the letter is at home right now).

So...

What am I to do here? I know for a fact that this debt is 8 years old and should be statute barred. If I pay the ~£250 fee to further dispute, what if they still decide, for whatever reason, that the judgement stands and I then still have to pay that?

I'm in a comfortable position now, and could pay off the whole debt if I wanted to, but out of principle I don't feel like giving these cheeky sods a penny for pulling this on me when it's 2 years out of date, especially when they're after over £200 more than the initial debt was for.

I'd appreciate some advice if anyone's feeling helpful. As said, I've not been in this position before and, thanks to a very low point in my life 8 years ago, I'm now having to deal with the County Courts whilst having my credit score knocked right back down again.

Should I fight it? Can I fight it without paying extortionate fees, or at least being able to claim said fees back? Should I just suck it up and pay it off, even though I don't believe I should have to?

Thanks to anyone who can give me a helpful steer on this.

rizla_king

time would run from whent they called in the overdraft or last payment or acknowledgement whichever was soonest

legalbeagles forum would be the best place to ask about the legal chance of a successful set aside http://www.legalbeagles.info/forums/

sourcrates

Hi,


Unfortunately once judgement has been granted, your only course of action to get this overturned is a set aside motion, which, as you have been advised, now costs £255.00.


Its always difficult with overdraughts determining the "cause of action" date, you really need to be 100% sure of your facts before you part with any money.


Legal Beagles is the place to ask.

fermi

If you received the claim but failed to respond to the court in time you may struggle convincing a court to set aside.

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

poppasmurf_bewdley

How much was the CCJ judgement for?

Knowing the figure would help to decide whether or not it's worth pursuing.

Throwaway16

Thanks all, I'll take a look at Legal Beagles in a bit.

poppasmurf_bewdley wrote: »

How much was the CCJ judgement for?

Knowing the figure would help to decide whether or not it's worth pursuing.

The debt was for £5xx and the total they're claiming for is £7xx (again, can't remember specifics right now as I'm at work).