Seeking advice regarding 10 yr debt & CCJ's

sourcrates

No, you fill in the set aside form, and the fee remission form, and send both to the court.
The court will then contact you, its nothing to do with your partner or anyone else, if there is a fee to be paid, they will tell you (if currently unemployed, there should be no fee).


The court will then consider your application, and make a decision.


Your credit wont be affected any more than it is already by having a CCJ.


Follow the clear instructions on the forms.


That it.

Violet1811

Thank you, I really appreciate all your advice. I'm printing off the forms as we speak!

sourcrates

Violet1811 wrote: »

Thank you, I really appreciate all your advice. I'm printing off the forms as we speak!

Well done, good luck with it !!!

National_Debtline

Violet, I agree with everything sourcrates has said above. I also think it’s worth trying to get some free legal advice from the organisations I linked to previously. If nothing else it would give you confidence in whether you have a strong case or not, and they could help with a defence if necessary.

Violet1811 wrote: »

I think if I am in anyway going to repair my terrible credit rating I will need to contact both debt agencies and see if I can arrange to pay the debt back over a period of time.

Now that you have a CCJ it will remain on your credit reports for 6 years unless you can set it aside and dispute the debt. Having the CCJ on there is likely to have a negative impact on credit applications and making payments will not change that.

James
@natdebtline

Violet1811

Hi All,
I sent the forms off to sort out the Cabot Financial debt as that seemed the most important due to the bailiff issue, I have received paperwork back today from the court stating a hearing will take place on the 12th August. I will fill out the paperwork for the other debt over the weekend and send that off.


I will certainly look at the link you have previously sent as I do feel I need to be really prepared for the court hearing. I'm not sure how I can dispute the debt as it is mine, but I haven't made a payment for at least 6+ years as I haven't had the income to do so.


Can recommendations for what I need to take to court for evidence would be really appreciated. I am likely to have to speak to a representative of Cabot Financial or the bailiff?


Thanks in advance!

sourcrates

Violet1811 wrote: »

Hi All,
I sent the forms off to sort out the Cabot Financial debt as that seemed the most important due to the bailiff issue, I have received paperwork back today from the court stating a hearing will take place on the 12th August. I will fill out the paperwork for the other debt over the weekend and send that off.


I will certainly look at the link you have previously sent as I do feel I need to be really prepared for the court hearing. I'm not sure how I can dispute the debt as it is mine, but I haven't made a payment for at least 6+ years as I haven't had the income to do so.


Can recommendations for what I need to take to court for evidence would be really appreciated. I am likely to have to speak to a representative of Cabot Financial or the bailiff?


Thanks in advance!

Hi,

All you need to state is that before the creditor obtained judgement in their favour on whatever date it was, a period of six years or more, had past, thus at the time of judgement, the debt was effectively statute barred.

The creditor will then have to prove otherwise, or agree with you.

If you have evidence, such as bank statements, all the better, it's likely you may he approached by there representitive at the outset, although what they will say is anyone's guess, just don't be disuaded if your sure of your facts.

Violet1811

Thank you sourcrates I really appreciate all your help!

edrushuk

Hi I know I am being a bit late, but have you checked that there are definitely CCJ's on your account. I would never trust what debt collectors say. I know you can get CCJ's without knowing especially if you have moved house since.


If you have that is fine. Good luck with getting it sorted.

Violet1811

Hi All,


Edrushuk- I have checked Experian and yes they are CCJ's


In other news after getting my court date, which is a week today, I received a letter today from Mortimer Clarke Solicitors who are working for Cabot. The letter is a witness statement of a Thomas Geal (I do not know who this person is), it is stated he will not be at the hearing. The statement also includes an advocate's fee of £120 with a warning that this does not exceed court costs that I am liable to pay.


Thomas Geal's statement is a list of points from the claimant and points regarding me, it also includes letters I have apparently received.


I feel physically sick, I do not know if this is purely something which happens, and I shouldn't worry or whether I need to really worry. I cannot afford to pay the debt let alone any court charges, and I'm worried this is going to blow up in my face. I looked at the links provided above to try and get some advice, however there is no meeting point/advice centre in my immediate area....

sourcrates

Don't be put off by this, I have no idea who he is either, but as he wont be there, he's irrelivant !!!

They will try to put you off, it's really quite simple, either 6 years had passed without payment, before judgement was made, or it hadn't.

There records will show the last payment made, as long as you are certain of your facts, you will be fine.

Worst case senario, they prove it wasn't SB, you would need to offer payment at a rate you could afford, so if it's a £1 a month, so be it.

Don't panic, that's what they want you to do.