help with ccj and statusbarred query

hailea3108

Hi All,

Im hoping that you can help me and shed some advice on a recent ccj I have received.

It is for a very old loan which i had no recollection of, from a payday loan provider (Quickquid)

the original default date with quickquid is over the six years status barred period, however it has been sold to a collection company which have filed the ccj. it says they have made contact during the 6 years, to which i have had no contact until receiving the court paperwork.

Am I able to defend myself on thisone as status barred and stop the ccj going through?

Karonher

Contact from them is not enough. There has to be a payment made or written acknowledgement of the debt. Are you sure it is 6 years or more from the default date? If so there should not be a problem.

Willing2Learn

hailea3108 wrote: »

... it has been sold to a collection company which have filed the ccj. it says they have made contact during the 6 years, to which i have had no contact until receiving the court paperwork.

What do you mean when you say "they have made contact during the six years"? I only ask because there is nothing at all in the Limitation Act 1980 that resets the Statute Barred period, by the creditor contacting the debtor, either in writing or by a phone call...

Edit: And welcome to the forum hailea3108

sourcrates

Hi,

You say you have “received a CCJ”, so you need to clarify, has judgement been granted, or are you still able to defend the claim ?

Only acknowledgement by you resets the SB clock, nothing the creditor does can influence it, except court action.

If the case has not been heard yet, your defence would be that time has run out to collect on this account.

Or, if judgement has already been granted, you can apply for a set aside on the same grounds.

hailea3108

so being sold to a seperate collection company doesnt affect the original status barred date and the first date stands? there has been no payment made or written acknowledgement from myself.

it hasnt actually been "judged" yet, i have received all of the paperwork from court, which i have acknowledged to allow me time to prepare my defence, as i thought the status barred will stand, but wanted clarification first before filing my defence as wasnt 100% sure or as what to write.

thank you all for the replies

sourcrates

hailea3108 wrote: »

so being sold to a seperate collection company doesnt affect the original status barred date and the first date stands? there has been no payment made or written acknowledgement from myself.

it hasnt actually been "judged" yet, i have received all of the paperwork from court, which i have acknowledged to allow me time to prepare my defence, as i thought the status barred will stand, but wanted clarification first before filing my defence as wasnt 100% sure or as what to write.

thank you all for the replies

What’s the default date ?

Add 6 years onto that, if it’s past that date, your defence is statute barred, that’s statute barred, not status barred.

You are relying on the limitation (plural) act 1980 for your defence.

hailea3108

sourcrates wrote: »

What’s the default date ?

Add 6 years onto that, if it’s past that date, your defence is statute barred, that’s statute barred, not status barred.

You are relying on the limitation (plural) act 1980 for your defence.

Aplogies, Statute Barred.

The claim form that I have received is very limited with the information provided. it states that I owe under a regulated loan agreement dated 01/09/2013 and assigned to the claimant Dec 2017 and they gave me notice on the 20/12/2017.
I have no record of this debt, cannot see it on any credit record that I have access too and no record of any acknowledgement or payment made,
Hence the clarification of the 6 year limit, from original creditor or collection agency. I believe that the original creditor has been faced with liquidation so can only pressume they are clutching at straws?