£250 debt became £2700 owed!

Hollysastar

Could I reclaim through excessive back charges and use that to off set against the debt?

Is the debt still enforceable 10 or so years with no repayment?

flower77g

Rather bravely, I'm going to disagree with the advice from National Debtline. There is indeed a fee for making an application to a court of £255 but this web page

https://www.gov.uk/get-help-with-court-fees

sets out how to apply for an exemption or reduction from court fees. The original poster needs to find out whether or not they are exempt from fees because if they are, and particularly if the CCJ is recent, serious consideration should be given to making an application for this to be set aside, or alternatively asking the the court to declare the debt is already paid in full.

It was a serious mistake not to have attended court with the statements of payments made. There are all sorts of lines that could have been explored - was correct notice of interest rate changes given over the years?

Surely one to ask for free advice from https://www.barprobono.org.uk/ or similar.

flower77g

Is the debt still enforceable 10 or so years with no repayment?

Possibly, if the debt has been acknowledged.

Hollysastar

I couldn't attend because the court hearing was 65 miles away. I'm not sure if I'm exempt from the court fees to apply to have it set aside but I will look into it, thank you.

I last paid on the debt around 10 years ago. Would it be statute barred and therefore mean the CCJ wasn't applicable now?

I can indeed provide original statements although I'm not sure legally how I stand with arguing that £2700 for £250 is unfair. Would a court maybe think they were the terms at the time and regardless of the ridiculous repayment increase, that's what it is?

Hollysastar

I haven't acknowledged the debt in any way during that time.

Hollysastar

I've checked and I am eligible for help with court fees. Not on any benefits but my self employed income this month is £50 - low income.

Hollysastar

I really wish I'd posted on here sooner. I've checked that barrister help link above but it says I needed to apply 3 weeks before the hearing. The CCJ has already been issued.

flower77g

You'd be making a new application, so it's three weeks from when you send the application. Not the previous court date. And you need to make that application very quickly, ideally immediately.

sourcrates

If you had not paid this debt for any period of 6 years before legal action was taken, it would be statute barred, if you qualify for remission of court fees you could apply for a set aside on the basis the debt was statute barred prior to legal action been taken.

That may be a plan, but you must be sure on your dates if going for a statute barred defence.

Hollysastar

It will definitely be around 10 years since I last paid. Tomorrow I'm going to inventory every statement I have.

I have felt helpless these last couple of weeks getting no reply from Moriarty Law and feeling trapped into a CCJ I couldn't fight with a first repayment coming up I can't afford. It is due on the 23rd December and I'll have to pay it from my rent money which means I'll be panicking over Christmas about how I can recoup it. But with the above advice it has at least given me some hope there might be a path other than rolling over and accepting it.