CCJ scare tactics

Rem001

That makes sense. I've sent the prove it letter. Which confirmed last payment/acknowledgement was over 5 years ago.

This is when the company also said "You have a CCJ which was awarded in 2017" however this was lies. It was not awarded.

Now the company are saying they will apply for a lift and stay but the court said this is not possible as the company would need to start the process from scratch due to them not following the correct process for serving me in Scotland.

I'll contact CAB however I do plan on defending it.

Thanks

[Deleted User]

If it's not statute barred, what is your defence?

PixelPound

Rem001 wrote: »

I will contact CAB but since it's been over 5 years since I've acknowledged or made payment and due to the company not serving paperwork would it be SB or is what sourcrate said above still valid? (They started the process) because it was rejected straight away I got the impression from the court the company would be starting from scratch not "Lift and stay" a claim already in progress.

Are you in Scotland? Just wondering why you are referring to five years and not six.

Just_Di

nic_c wrote: »

Are you in Scotland? Just wondering why you are referring to five years and not six.

Yes the OP does live in Scotland which is the crux of this matter since there appear to be legal jurisdiction issues >

Rem001 wrote: »

the paperwork was sent back because vanquis could not confirm they sent me the appropriate paperwork.

The court told me that the entire process needs to start over. Vanquis also applied at an English court. I live in Scotland and they need to apply to serve outside of England.

I hope that makes more sense.

Just_Di wrote: »

Yes it does make more sense

It seems there may have been a problem with service of the claim even if it was issued.

Perhaps this was because you live in Scotland which is a different legal jurisdiction to England so it's possible the claim (writ) should been issued there (Scotland).

The court may have said to you that the Claimant needs to make an Application for permission to serve the claim in England not Scotland if they have a good reason for doing this. You should then have the opportunity to contest their Application.

I suggest you seek advice from your local Scottish CAB to clarify things for you so that if a claim (writ) is served by a Sheriff in Scotland you will know how to respond. They may also be able to establish exactly what happened to the claim which may have been issued but not served in England.

Since you are in Scotland Statute Barred (or not) will be five years not six after the Cause of Action.

Di