Received Order for production & statement of means today from court for 8 year debt!

AbstruseAlan

Hi all,

Cabot Financial Limited has recently been flooding me with letters about a debt originally owed to Vodafone I believe from 2009. I've not made any payment or contact towards either Vodafone or Cabot Financial since this date so I'd been under the assumption to ignore Cabot's letters and that the debt was statute barred so they wouldn't take it any further.

Today I had a courts officer come to house from York County Court. He handed me a letter for me to provide my statement of means (earnings) and send it to the court ASAP. I phoned the court and the CCJ was issued on the 7th August 2017, comfortably being way out of the 6 year period in which they can sue for payment.

What should my next move now be? Shall I fill and send in the statement of means form with the 'I would like a suspended order because'.. ticked and filled in.

In the mean time I've emailed Cabot Financial outlining the debt is statute barred and no contact or payment has been made towards them within the past 6 years and if they could show otherwise to please do so or drop the case.

Do I now need to fill in an N244 for the debt to be put aside?

Basically it's a completely new situation for me, I can't even remember the debt it was that long ago, I was 18 at the time.

Thanks in advance for all replies!

sourcrates

Hi,

Yes your only recourse now that a CCJ has been granted, is to apply for a set aside on the grounds the debt was statute barred prior to action been taken.

There is a cost to this of £255.00 though, unless you are unemployed or on a low income, then remission is available (Google it).

fatbelly

Factsheet

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Ignoring letters prior to it going statute barred was OK but when you got the court claim it was your responsibility to let it be known in your defence that the debt was statute barred..

It sounds like you have a N56. It would be good form to write separately to the court to explain you are not completing the form because you are applying for setaside. If the court continues to require you to attend a hearing then you must attend as it is one of the few things in the world of debt that you can be jailed for.

AbstruseAlan

sourcrates wrote: »

Hi,

Yes your only recourse now that a CCJ has been granted, is to apply for a set aside on the grounds the debt was statute barred prior to action been taken.

There is a cost to this of £255.00 though, unless you are unemployed or on a low income, then remission is available (Google it).

fatbelly wrote: »

Factsheet

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Ignoring letters prior to it going statute barred was OK but when you got the court claim it was your responsibility to let it be known in your defence that the debt was statute barred..

It sounds like you have a N56. It would be good form to write separately to the court to explain you are not completing the form because you are applying for setaside. If the court continues to require you to attend a hearing then you must attend as it is one of the few things in the world of debt that you can be jailed for.

Thanks for the replies guys, appreciate it.

So just to be clear, shall I not return the 'N56' and instead just send an individual letter with the case number making them aware I will be filing an N244 on the grounds that the debt was statute barred when the CCJ was made?

I'll then send an N244 as soon as I can and will be looking at a payment of £255 (based on affordability).

Do all of the above have to be sent as a paper letter or can I achieve the same results by sending an email to the courts / sending them an eversion of the N244?

Alan

Arleen

You must fill for set aside now if you want to use it to have a chance stop N56 from taking place, cannot really write that you plan to do it sometime in the future.

It all has to go on paper sadly, and there really is no time to waste now.

AbstruseAlan

Arleen wrote: »

You must fill for set aside now if you want to use it to have a chance stop N56 from taking place, cannot really write that you plan to do it sometime in the future.

It all has to go on paper sadly, and there really is no time to waste now.

I was more thinking along the lines of writing in to state I won't be completing the 'N56' as I wish to defend myself on the basis that the debt was statute barred when the CJJ was issued and therefore I'd like to request a N244 be sent out to me as soon as possible.

It's a little annoying I've to work and I've no home printer or would you advise it's too urgent to be requesting forms and I should take the day off work tomorrow to go print off forms and complete/hand them in personally to the court tomorrow.

Arleen

AbstruseAlan wrote: »

I was more thinking along the lines of writing in to state I won't be completing the 'N56' as I wish to defend myself on the basis that the debt was statute barred when the CJJ was issued and therefore I'd like to request a N244 be sent out to me as soon as possible.

It's a little annoying I've to work and I've no home printer or would you advise it's too urgent to be requesting forms and I should take the day off work tomorrow to go print off forms and complete/hand them in personally to the court tomorrow.

Can't you just print them out at work, or jsut take a break at lunch and get them printer somewhere? Or ask a friend to print it out, go to libraryr after hours? I mean N244 is just 2 pages long, shouldn't be too hard.

Indeed you will want to write a letter to the court explaining that you are not completing the N56 for that reason. Judge may respond that this is not acceptable, in which case you have to comply as was explained above.

AbstruseAlan

Arleen wrote: »

Can't you just print them out at work, or jsut take a break at lunch and get them printer somewhere? Or ask a friend to print it out, go to libraryr after hours? I mean N244 is just 2 pages long, shouldn't be too hard.

Indeed you will want to write a letter to the court explaining that you are not completing the N56 for that reason. Judge may respond that this is not acceptable, in which case you have to comply as was explained above.

I'll work out a way of printing it off no doubt. Shall I hand them in, in 2 different envelopes or do you think it's OK to put the N244 and then a letter in with it explaining I'm enclosing an N244 on the basis the case is being defended due to it being statute barred at the time the CCJ was issued and won't be supplying the N56 unless still required.

Sorry if I'm being a pain, I've just no experience with this kind of stuff at all.

StopIt

AbstruseAlan wrote: »

Hi all,

Cabot Financial Limited has recently been flooding me with letters about a debt originally owed to Vodafone I believe from 2009. I've not made any payment or contact towards either Vodafone or Cabot Financial since this date so I'd been under the assumption to ignore Cabot's letters and that the debt was statute barred so they wouldn't take it any further.

Today I had a courts officer come to house from York County Court. He handed me a letter for me to provide my statement of means (earnings) and send it to the court ASAP. I phoned the court and the CCJ was issued on the 7th August 2017, comfortably being way out of the 6 year period in which they can sue for payment.

What should my next move now be? Shall I fill and send in the statement of means form with the 'I would like a suspended order because'.. ticked and filled in.

In the mean time I've emailed Cabot Financial outlining the debt is statute barred and no contact or payment has been made towards them within the past 6 years and if they could show otherwise to please do so or drop the case.

Do I now need to fill in an N244 for the debt to be put aside?

Basically it's a completely new situation for me, I can't even remember the debt it was that long ago, I was 18 at the time.

Thanks in advance for all replies!

You need to fill in the form as requested, with the bit ticked as you have found with 'I would like a suspended order because' and fill in and include the N244 set aside form with the fee along with it.


You cannot ignore a N56 form as doing so is contempt of a court order, so just enclosing a set aside form is not enough because that's not assured of working.


If the set aside works, all action will cease and you'll be able to defend the claim from the start if they re-launch proceedings.


Seek legal advice if you need help with getting the set aside application correct legally speaking.

elsien

Out of curiosity, did not not get any court paperwork prior to the CCJ? They must know where you are to have had the court officer now turn up on the doorstep.