CCG help for sister

superM

My sister owes HSBC for a debt going back 2004.  He received income and expenditure from solicitors which she completed and return. Not sure if that would go against her now. 
She received no paperwork from the court for a defence.  She today received a CCJ stating they have not received a reply and CCJ has been entered. She never received anything from the court.  Can she hr defend now. 
The debt is statute barred and its over 6 years and no payments has been made.
The claimed amount is not due. What should she do now?
Thanks

fatbelly

I don't understand why she would complete an income/expenditure form if she was going to defend a court claim. That could count as acknowledgement. However if there was a clear six-year period from the date the account was terminated until the date she acknowledged the debt, it is still statute barred and she should get the claim set aside.

https://www.nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/

If she looks at the dates and decides it's not statute barred then she can ask for a redetermination of the order (which is presumably ordering payment in full) to change it to instalments. She has to do that  within 14 days of the judgement.

There's a template in this thread

https://forums.moneysavingexpert.com/discussion/1838077/please-help-so-worried-about-a-ccj

superM

I know thats what I have told her.  She just got nervous and completed the forms. 
Does she have to attend hearing if set aside order is made?
She is worried about the husband, he dosent know about the CCJ. 

fatbelly

The courts are trying to do most of their work by phone

sourcrates

Its no accident that low priority post finds its way to your current address without a hitch, but court papers mysteriously don`t, a flaw in the system unfortunatly.

If it was statute barred before judgement, then its a fairly straightforward process to obtain a setaside, however there is a cost of £255 involved, but remission is available on the fee for low earners.

Remission form is EX-160 and should be sent at the same time as the setaside application.

[Deleted User]

So HMRC debts become statued bared?

fatbelly

Let's keep this thread on topic rather than opening it to a full discourse on the Limitation Act.

superM

I have completed the set aside form and thats what I have written. 
Is there anything else I should say? 
Thanks

fatbelly

That should be enough. If you know the date of claim you could quote it as it needs to be after 2010 to complete that defence.

Have you quoted the ccj referenve on page 1 of the form?

superM

At the top of the page I have put the court reference,  court name,  claiment, defendent name and type of claim.