CCJ scare tactics

Rem001

January 2019 company contacts me to say I owe X amount and to ring to arrange payment.

"Prove debt" letter sent.

Company responded saying CCJ was issued in 2017.
This was not true. CCJ was not awarded due to them not serving court papers.

Debt is now statute barred. Letter sent. Company still chasing payment. Latest words used "we will apply to the court to lift the stay in the claim and enter judgement".

My understanding is they now need to have the court serve me and I will have the right to defend my claim.

Company implying that CCJ already awarded and then saying they will apply to have the lift to stay etc is disgusting behaviour. It's lies. Anyone got any advice? Should I just wait on the court documents now?

sourcrates

Hi,

If they started the claim before the six years were up, then they are correct, they could lift the stay and proceed to judgement.

You won’t be able to use sec 5 as a defence under those circumstances.

Rem001

What exactly does started a claim mean? They never attempted to serve court papers. It never went to court. It was rejected due to them never serving papers. When I spoke to the court they said the whole process needs to be started over. Ie serve me papers I have the right to defend it and it then goes to court.

I have not acknowledged or paid the debt since 2012.

Rem001

Can others confirm what sourcrates have said? Would like to know what my options are.

ciderboy2009

What exactly happened with the claim?

Was there an order from the court staying it? If so then what exactly did it say?

DCFC79

Rem001 wrote: »

Can others confirm what sourcrates have said? Would like to know what my options are.

Its as Sourcrates says.

DCFC79

Rem001 wrote: »

What exactly does started a claim mean?

Sourcrates means start the process eg send papers.

Rem001

They applied to the court and court rejected the claim because the company could not prove they sent me the paperwork.

I never received the paper work. There is a reference number with the court but no CCJ.

Could I ask for it to be set aside since they can not prove I was sent the relevant paper work?

I'm don't really understand why the Statute barred would not be valid at this point since nothing was award by the court in 2017.

[Deleted User]

They started proceedings but didn't finish them. They can return to court and the debt is not statute barred. You can't set aside as you didn't have a judgement against you.

When they go back to the court, you will need to either defend (a non-statute barred defence) or accept you owe the money and either pay it all off or get a CCJ (assuming they win).

sourcrates

Rem001 wrote: »

They applied to the court and court rejected the claim because the company could not prove they sent me the paperwork.

I never received the paper work. There is a reference number with the court but no CCJ.

Could I ask for it to be set aside since they can not prove I was sent the relevant paper work?

I'm don't really understand why the Statute barred would not be valid at this point since nothing was award by the court in 2017.

All they have to do is start the claim before the six years are up, which they apparently have done, however if the court has rejected the claim, then you would need legal advice as to weather sec 5 can be used as a defence in any future claim, it could be that you can, but you need the legal view on this.

Rem001

Thanks for the advice. What types of defences are used?

Legal advice from a solicitor you mean?