CCJ/ set aside advise please

Buttons101

Hello,

My partner was recently made aware of a CCJ against him by letter which was sent to an old address of his (his parents home). His parents have given him two letters, the most recent was an attachment of earnings order (dated 12th of April) and a letter from the claimant Arrow Global dated back in 2015 which stated who the original creditor was and the debt type. The debt is in regards to an overdraft with a bank who he has never had an account with. The date of original agreement was in 2008, so this would also make the debt statute barred?

He's now completing a set aside form. However we don't really know what to provide as evidence with this form. Arrow Global and the court have tried to contact him at an address he hasn't lived at for almost 10 years and he was only made aware of this because of his parents. He has never had an account/overdraft with the original creditor.

Any advice would be really appreciated.

January2015

Is this thread (started earlier this month) about the same person? I had deja vu reading your post

beach-holiday wrote: »

A friend of mine has been contacted regarding a debt, it's a bit confused so I'll try to keep it succinct.

Arrow contacted my friend by letter in 2015 at an address where he no longer lives (his parents still live there). The letter has only recently been passed on to him.

The letter claims that he owes a debt of approx £700 for an overdraft with HSBC, with an orginal agreement date of September 2008. He tells me that he's never had a bank account with HSBC, although he did have a credit card as a student, which was never paid.

Roll forward to this week, when his parents pass on an Attachment of Earnings Order from the local CC, presumably relating to the same 'debt' although the amount is more (presumably fees been added).

There's a further problem in that the Notice of Application is dated 3rd April 2017, so he's already well past the deadline for replying. However, he's not received the original notice (presumably wrong address issues), which if he had we would have been disputing the debt and/or stating it as statute barred.

We've just obtained his Experian report and there is mention of a CCJ from 8 months ago, but again he knows nothing of this.

Can someone offer up some advice on where to go from here? Thank you.

Arleen

If your partner truly didn't have an account there then the only proof he needs for the hearing is to say "it's not mine" and arrow will have to prove otherwise. No need to think about whether it is statute barred or not.

January2015

If it does relate to the post started earlier this month, it is possible he had a student account with HSBC if he had an HSBC student credit card. Banks do a student package which starts with the current account and overdraft and can then include the credit card. It wasn't usual (in my experience of working in banking a good while ago) that students were given credit cards without the 'package' as they had little or no income other than student grant/loan. Are you sure he hasn't just forgotten the current account that came packaged with the credit card?

Arleen

January2015 wrote: »

If it does relate to the post started earlier this month, it is possible he had a student account with HSBC if he had an HSBC student credit card. Banks do a student package which starts with the current account and overdraft and can then include the credit card. It wasn't usual (in my experience of working in banking a good while ago) that students were given credit cards without the 'package' as they had little or no income other than student grant/loan. Are you sure he hasn't just forgotten the current account that came packaged with the credit card?

Oh, you posted the previous one as I was typing and I've missed it, duh!

I did cast doubt in my first reply because of few factors (parents address + actual CCJ despite a lack of contact), and after reading the previous thread, I think this is a matter of "forgotten" debt and not a fake one. Whether it's barred I have my doubts, as for an overdraft started in 2008, to default in 2009 is rather unlikely. But do check the dates carefully with your partner, and it's the date when they've filled in the paperwork that matters, not when CCJ was granted.