CCJ Judgement Received, help pls!!

vinghj

Hi, I require some desperate help please.....this is what has happened:

1) Received county claim form for Stature barred debt over 10 years now. The date on the claim form was 3 weeks later to when I received.

2) By the time I could respond, I received judgement against me.

3) I have applied for set aside, quoting that debt is statue barred and I did not have time to respond to claim form. I also selected on the set aside application that I want "No hearing"

4) Now my set aside application has been moved from Northampton to Croydon where I live and I have received correspondence from Northampton that I will be invited for hearing at county court.

The value of debt claimed is 12 k and with all addl interests charged. the loan is statue barred and I have not responded to anyone in the last 8-9 years, made no payment or acknowledged in any shape or form. What do I do in the hearing please? and what do I do from now?

Please help, my credit rating is good and this judgement has destroyed everything.

Thanks
Vin

fatbelly

Hi Vin

You have done all the right things, apart from ask for 'no hearing', which the court has rightly ignored and arranged the hearing at a location close to you, rather than close to the claimant.

The claimant has to respond to your assertion (that the debt is statute barred) and provide evidence to you and the court seven days before the hearing. If there genuinely is none, then it is likely the claimant will withdraw the claim as it will be costly for them to attend.

If there is any doubt whether the claim has been discontinued, you should attend and state what you have done above. But the burden of proof is now on them as they have to prove something (that you acknowledged the debt in the 6 years before the claim started) whereas you cannot prove a negative (that you did no such thing!).

Keep us updated.

sourcrates

Hi,

Well firstly, in a case where you allege the debt is statute barred, its always a good idea to attend the hearing, if only to make sure your side of the story is correctly heard.

Let me attempt to allay your fears a little, the hearing will usually be held in the judges chambers, there will only be you, the judge, and some junior solicitor, from the other side.

They will be wearing suits, not the full regalia, it will be an informal meeting.

If you have evidence of when you made the last payment, good, but remember, its up to the other side to prove the debt is not statute barred, you dont have to prove anything.

You would be wise to take legal advice on this as well, maybe phone National Debtline for advice, or you could post on a great site called :

http://legalbeagles.info/

anything of a legal nature, they can help with.

Good luck.

vinghj

Thank You Fat Belly, much appreciated

This is what i dont understand, will i get a hearing date? All I received from Northampton to say that it has been transferred to Croydon and I will get a hearing date and time. Does this actually mean they have ignored my " No Hearing".

Thanks Vin

vinghj

Thank you Sourcrates.

I dont remember when i paid last time, must have been like 10 years ago to HSBC. The loan has been transferred numeruos time eversince and I have not acknowledged any letters received.

Thanks Vin

sourcrates

vinghj wrote: »

Thank You Fat Belly, much appreciated

This is what i dont understand, will i get a hearing date? All I received from Northampton to say that it has been transferred to Croydon and I will get a hearing date and time. Does this actually mean they have ignored my " No Hearing".

Thanks Vin

Yes, and sensibly so, you must attend for the reasons outlined by Fatbelly.

They have to prove you owe the debt, if they cant do that, chances are they wont attend the hearing, or will discontinue the claim before hand, and you will of won.

Without a hearing things could be very different.

vinghj

Thanks once again Sourcrates.

I will update this thread as soon as I receive a hearing date. hopefully the only downside is 255 I have already paid.

patman99

You may well have the option of re-claiming the fees and any other reasonable costs from whoever it was who brought the Court action.

Be aware that if you don't attend and they do, they will win by default and will be able to enforce the ccj.

If you attend and they don't, you win by default.

They may well wish to risk their luck for such a high debt, so make sure that you do turn up.

vinghj

Thanks Patman99, I will definitely attend, to ensure this is put to bed.

Thanks
Vin

vinghj

Thanks, hope the hearing goes fine and I will try and recover the 255. The company who have raised this CCJ are HOIST PORTFOLIO HOLDING 2 LTD.

sourcrates

vinghj wrote: »

The company who have raised this CCJ are HOIST PORTFOLIO HOLDING 2 LTD.

Hmmm, they seem to be quite popular on the forum at the moment.

The reason they take these statute barred accounts so far, is because people don't realise they still have to defend the case.

If the debtor dosent turn up to the hearing, the claimant wins by default, that's why these cases can be nice little earners for them, hence why they pursue them.