Set aside CCj

Bambichops

Hey,

I have just got back from court today, The claimaint, Lowell Portfolio didnt show up, which I assume worked in my favour. Anyway, I managed to get my CCJ set aside. :j I have been told I have 14 days to file a defence. So now I am not sure what action to take and what the process is now.

I believe the debt is Statute Barred on 26/07/16 so do I file a defence based on that or will it allow time to request all relevant documents ie original agreements etc that will possibly drag out more time to take me up to the statute barred date.

Also, will this be removed from my credit file??

Any advice will be a great help.

Ben8282

It would assist if you could let us know the reasons that were accepted by the court to set aside the judgement.
I am slightly surprised that, after setting aside the ccj and Lowell Portfolio not turning up, that the judge then, after setting aside the ccj, gave you 14 days to file a defence.
The ccj will now be removed from your credit file.
I do not believe that the fact that the debt will become statute barred in 2 months time should be used as part of your defence.

Bambichops

Hi,

Thanks for taking the time to help. I asked for it to be set aside as I knew nothing about the CCJ until I recently paid for my credit report and noticed that it was there. I was miffed as I knew nothing about it. After much investigation, I discovered that the initial court paperwork had been delivered to the school on my street (I am the caretaker who lives on site and often my mail is delivered to the school instead) It has never really been too much of an issue until now, as some of it has been filed in error. My Employer provided a letter to support this for today but the judge didnt even look at it. He just granted it to be set aside, which I am very grateful. He said it will now go back to the original claim stage and I have 14 days to file a defence, my defence being I have no recollection of this debt and no actual paperwork the only information I have is what i have seen on the credit report, which is not much.

Thanks again Ben!

Thrugelmir

Bambichops wrote: »

my defence being I have no recollection of this debt and no actual paperwork the only information I have is what i have seen on the credit report, which is not much.

So you received no previous communication either regarding the debt?

pvt

I don't follow your logic that the debt becoming statute barred in a month's time is some kind of defence. That won't work.

You have said your mail was delivered to the school, for which you're a live-in caretaker, rather than to you. So how do you know that if you didn't receive it? Was it incorrectly addressed, or incorrectly delivered?

What is the letter that your employer has provided to support this?

You would really be stretching credibility to suggest to a court that the school you work at did not pass this mail on to you.

fermi

Bambichops wrote: »

I believe the debt is Statute Barred on 26/07/16 so do I file a defence based on that or will it allow time to request all relevant documents ie original agreements etc that will possibly drag out more time to take me up to the statute barred date.

It's won't be statute barred on that basis.

The 6 year Limitation period set a time limit for the credit to start an action in legal proceedings.

Legal that action begins on the date the original claim form is received by the courts, so if they got that in before the statute barred date, then it can't now be statute barred.

The judgement being set aside just takes the claim back to the response/defence stage. It doesn't undo the original starting of the claim.

fruitisbad

fermi wrote: »

It's won't be statute barred on that basis.

The 6 year Limitation period set a time limit for the credit to start an action in legal proceedings.

Legal that action begins on the date the original claim form is received by the courts, so if they got that in before the statute barred date, then it can't now be statute barred.

The judgement being set aside just takes the claim back to the response/defence stage. It doesn't undo the original starting of the claim.

You however take the CCJ, pay it within 30 days, and it won't be shown on your credit file which I guess is a minor victory.

Plan_b

Bambichops wrote: »

I have just got back from court today, The claimaint, Lowell Portfolio didnt show up, which I assume worked in my favour. Anyway, I managed to get my CCJ set aside. I have been told I have 14 days to file a defence. So now I am not sure what action to take and what the process is now.

I believe the debt is Statute Barred on 26/07/16

Also, will this be removed from my credit file??

If the Claimant didn't turn up to the hearing then the DJ really had no option but to grant your application for a set-aside. As of this morning you no longer have a CCJ and the entry should be removed from all CRA files like it never happened.


You've now been given a chance to defend this claim properly.


The Claimant has to prove their case not the other way round. They've set out their stall in the Particulars of Claim (on the first page of your N1 Claim form). That's what they've got to prove. You implied you don't recognise the debt so this may mean the POC aren't clear.


If that's the case then your Defence could be used as a way to tell the court that you can't file a comprehensive Defence because the Claimant hasn't given you enough information to do that. It's known as an "embarrassed" Defence.


So, what is this debt? Is it the one from a utility company when you were living in Scotland which you've posted about on another thread? If it was then the debt may be SB since you were living in Scotland at the time so only 5 years to SB. Why are you certain that 26th July 2016 would be the SB date? Was your last payment in July 2010?


If not (a utility bill) was it a credit card, loan or bank overdraft? Depending on when you opened the account you may have other legal arguments for your Defence than SB.


Plan B x