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CCJ for Statute Barred debt, have emigrated but it's my Mum's house, grr

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  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    Sourcrates/ Fatbelly if the debt is statute barred how were they able to get a CCJ granted, and shouldn't the OP be sending the its statute barred letter?
    chev
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • fatbelly
    fatbelly Posts: 23,010 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    awkawk wrote: »
    I've read today on here and elsewhere that my options include, finding a hefty £255 fee, in order to have it "set aside" (on the basis that it's statute barred). However, there may be a hearing, and I can't afford to come to the UK for it.

    I've also read, that if I do manage to get through that procedure, the debt could be sold on, and this could happen again (reminds me rather of The Trial).

    OP seems aware of the process.
  • sourcrates
    sourcrates Posts: 31,624 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    chevalier wrote: »
    Sourcrates/ Fatbelly if the debt is statute barred how were they able to get a CCJ granted, and shouldn't the OP be sending the its statute barred letter?
    chev

    Hi chev,

    The problem was the OP had moved abroad, so did not receive the court papers, so could not respond with a statute barred defence.

    Judgement was granted by default, so the court, never got to hear the defence, only way to solve this now is to apply for a set aside on the basis the debt was statute barred, but the OP is unable to attend a hearing, because of where they live.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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