Didn’t receive a claim form and now have ccj

Willing2Learn

The accounts will be automatically removed from your credit files, six years from their respective dates of default. When you clear the balances makes no difference.

I recommend you google 'debt snowball' as a possible method to bust those debts!

Edit: Just realised something

What are the default dates for each account that you owe?
When was the last time you paid something towards each debt?
When was the last time you acknowledged each debt in writing?

I ask these questions, to determine whether the credit card accounts could be Statute Barred.
https://debtcamel.co.uk/statute-barred-debt/

glenandemm

Thanks for replying again, how would I be able to see when last payment was made, when I log into clear score or credit karma I can’t see when last payment was made in history other than it saying account closed with amount owed.

glenandemm

I’ve just googled and had a quick read about debt snowball and it sounds very similar to what we’ve done since we’ve go back home, after trying to sort the ccj we contacted our little credit cards and outstanding loans and paid them off, the bigger cards we set arrangements with.
I now have 2 small cards to get rid of then I only have 3 big cards and an overdraft to pay off, i haven’t contacted the smaller ones yet but only recieved the partial settlement offer this week.
We are struggling but we are happy we’ve paid 3-4 off up to now, the bigger ones are abit more daunting though

Willing2Learn

glenandemm wrote: »

… how would I be able to see when last payment was made, when I log into clear score or credit karma I can’t see when last payment was made in history other than it saying account closed with amount owed.

On Credit Karma

Open the Closed Accounts tab
Click on your chosen account to select it
Scroll down to see all the monthly historical data for 'Statement history', 'Balance history', 'Limit history', 'Statement balance', 'Payment amount'

You want to be looking at the 'Payment amount' section.

glenandemm

I’ve just took a look and on clear score the accounts are showing as closed but credit karma still open, I can only see payment history on the app back to 3 years and they all just say default with the same balance although one card did jump up £300 when one of the debt companies added that on.
The only thing they do say is date of default which is 20/8/2013 and 30/10/2013 for each credit card

Just_Di

glenandemm wrote: »

they was showing defaulted as I stopped paying them back in 2012-13.

If you stopped paying towards this debt in 2012 or early 2013 then there's a possibility that the debt was Statute Barred before the claim was issued.

If so Statute Barred is an absolute Defence which would support your Application for a set aside.

You can check the date of your last payment by sending a Subject Access Request to the last business you paid. Was it the original credit or had the debt been assigned to a debt purchaser?

The Default date may be relevant if that date was after your last payment. PRA v Doyle.

Di

Just_Di

glenandemm wrote: »

I’m thinking of phoning the claimant company tomorrow and explaining

What is the name of the Claimant?

Any business entity, such as a debt purchaser, which is not authorised by the FCA cannot lawfully issue legal proceedings in the county court (it's a criminal offence if they do).

A recent court ruling confirmed that.

Was the Claimant Cabot Financial (UK) Ltd, or MFS (Marlin), or Intrum, or Hoist or Idem Capital Securities?

Lack of FCA authorisation could also be a potential Defence in any set aside Application

Di

glenandemm

Hi it was hoist who took me to court on it, I checked my report and that said sept 2013 I defaulted so not quite 6 years!
I’m set up in a payment plan with them now it’s the other 2 I have outstanding that Are about to come up to 6 years since I last made a payment however I don’t want another ccj and owe the money anyway!

kirsty1253

Similar happened to me but my ex was hiding letters. So I saw nothing until the actual CCJ came through. I filled in a form and stated I wasn't paying the fees as it wasn't my fault. They struck off the CCJ completely. If you don't ask you don't get. I was paying the debt throughout the whole legal process that I didn't know about.

jinkssick

glenandemm wrote: »

Hi it was hoist who took me to court on it, I checked my report and that said sept 2013 I defaulted so not quite 6 years!
I’m set up in a payment plan with them now it’s the other 2 I have outstanding that Are about to come up to 6 years since I last made a payment however I don’t want another ccj and owe the money anyway!

But what they are trying to say is those, 2, which are close to 6 years and you have (neither paid 1p on or adknowledged them within the last 6 years), they can be struck off for free. They cannot issue a CCJ, they cannot do anything to get the money back. Statute Barred is your friend in those cases.