Help with CCJ is it statute barred?

goodtogreat

Hi guys, first time posting here. Hoping someone maybe able to help.
I took out a loan with HSBC back in 2008/2009 cant remember exactly when but I was 19 years old. I was stupid enough to fall into debt and just didnt pay! I nnever got into and after 6 years the debt was written off... or so i thought. Until recently ive found on my credit file a CCJ from a company who the debt must of been sold onto.. this has been on there 2 years, ive never received any letters from this company and was not aware they had taken me to court! I suppose i was naive enough to think after the 6 years it would be gone from my credit file. So now i am in the postion where my husband is looking to remorgage our house and wanted me to go on the morgage as 2 incomes are better than one! Do you think i have a case to be able to get this removed? I dont want to pay the debt and have it satisfied as i know this doesnt help all that much in terms of my credit file. Please no negative comments regarding my stupidity 12 years ago.. thanks for reading

[Deleted User]

If they've gained a CCJ against you, it will be on your files for a further 6 years and completely enforceable

A settled CCJ would look much better than unsettled (I wouldn't bother applying for a mortgage with it still unsettled). However, if you don't want to pay it, then you'll just have to leave it.

fatbelly

This is the credit file board so you might get some negative comments, but I will refrain...

Loan taken out 2008/2009 (cant remember exactly when )
Payments made - none?
Loan would have become statute barred 2014/15 (cant remember exactly when )
ccj registered 2016 sometime

This is all a bit vague.

First you need to contact the court (email will do), quote the reference and ask for the 'particulars of claim'. If they have good detail they will tell you what this originally was, including the loan reference, and when it was taken out. Also when they (Lowell? Cabot?) originally bought it and when they started the claim.

Provided there is an over-6-year gap between you stopping payments and them starting a claim there is the possibility of a set-aside application being successful. National Debtline has a useful factsheet here

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

Of course, until you do your research, you can't be sure the ccj is what you think it is. It could be something entirely different.

sourcrates

The only grounds you would have for removal are the circumstances Fat-belly describes above, and even then you must apply for the set aside, at a cost of £255.00. (Remission on the fee may be available).

CCJs do not become statute barred, nor do they become unenforceable, the only stipulation is that six years after judgement, the creditor must seek the permission of the court, should they wish to enforce the judgement, the court may or may not agree to this.

goodtogreat

thanks for your reply, I have been in contact with the courts, it is Lowell who have applied to CCJ, it shows on behalf of HSBC, which I knew it was.. as its the only thing credit I ever took out.
I never paid anything to HSBC, so after the 6 years the default from HSBC was removed from my credit file, after this I took out a mobile phone contract and got a credit card as there were no other negatives on my credit file... then 12 months plus later a CCJ appeared on my credit file. this was registered in August 2016. I never received any letters from Lowell, I had moved house from my previous address and didn't need to inform anyone as the default from hsbc at this point wasn't on my credit file, in 2016 May 2016 I also got married so my named changed before this CCJ was removed.. really my question is do I have grounds to have this CCJ removed? as stated ealier, I don't want to pay the money to have this satisfied as its still no better for helping to get a mortgage... hope my reply gives abit more information. thanks again

Nasqueron

You borrowed money and didn't pay it back and they took out a CCJ which reflects the facts of your situation so there is no real reason why they should remove this as they will no doubt want to keep chasing you for the money. Further, think of the mortgage lender's view - why would they lend someone money when they have a history of not paying it back and trying to get out of doing so?

A settled CCJ looks better to a lender as it at least makes it look like you accept your responsibility and a broker might get you a mortgage albeit at a higher rate to reflect your past history.

goodtogreat

as stated previously I was a young 19 year old, which I understand isn't an excuse - the "debt" £2500 to be exact on my credit file for 6 years, in which time I wasn't able to apply for credit and I learnt the hard way... the default from HSBC was removed, and then over 12 months later a CCJ was applied, by a company who I knew nothing about and had no correspondence from... I don't need to be on the mortgage, my husband owns the house, (husband I met many years after my silly teen years) we just thought it would be a good idea to get me on the mortgage, which after checking my credit file appeared the CCJ! I would be happy to pay the money, lets face it, its not the largest amount of money... but my question was more around having the CCJ removed as I was already penalised for 6 years having the default on my credit file, this then turned into a CCJ. thanks for your very unhelpful reply though

fatbelly

goodtogreat wrote: »

thanks for your reply, I have been in contact with the courts, it is Lowell who have applied to CCJ, it shows on behalf of HSBC, which I knew it was.. as its the only thing credit I ever took out.
I never paid anything to HSBC, so after the 6 years the default from HSBC was removed from my credit file, after this I took out a mobile phone contract and got a credit card as there were no other negatives on my credit file... then 12 months plus later a CCJ appeared on my credit file. this was registered in August 2016. I never received any letters from Lowell, I had moved house from my previous address and didn't need to inform anyone as the default from hsbc at this point wasn't on my credit file, in 2016 May 2016 I also got married so my named changed before this CCJ was removed.. really my question is do I have grounds to have this CCJ removed? as stated ealier, I don't want to pay the money to have this satisfied as its still no better for helping to get a mortgage... hope my reply gives abit more information. thanks again

Yes, you do have grounds for set-aside, specifically:

• a defence with a real prospect of success
• a reason why you did not defend the original claim
• acting promptly (in your case as soon as you discovered it)

It's the date they started the court claim that is relevant - I guess that was around June 2016.

Provided your last payment was prior to June 2010 you should be OK.

goodtogreat

fatbelly wrote: »

Yes, you do have grounds for set-aside, specifically:

• a defence with a real prospect of success
• a reason why you did not defend the original claim
• acting promptly (in your case as soon as you discovered it)

It's the date they started the court claim that is relevant - I guess that was around June 2016.

Provided your last payment was prior to June 2010 you should be OK.

thanks for your reply, its really helpful. I am confident the last payment was definitely before that time.
so my question now would be how do I prove this? or do they need to prove this? how do I move forward? do I contact the court and ask for it to be set aside? and pay the £255?? I assume this isn't refunded if it wasn't set aside for any reason? Or do I contact the creditor? thanks again for your help

fatbelly

It's in the link I posted earlier.

You make an application on a N244 and send it to the issuing court. If you can get off the fee you also complete an EX160

goodtogreat

Thanks again. Ive just been reading the email that the court sent over with information on from lowell. They (lowell) talk about a contract between myself and HSBC and the claim being assigned to the claimant on the 25.01.2013. It then talks about interest being added from the date of the assignment to the dste of the agreement 25.01.2014?? A year later? I am completely confused? Does this mean they took over the debt in 2013? Presumbly this might of been when the default from hsbc came off? But they then did apply a CCJ until 2016?