Old CCJ - Drydens fairfax

BrigitB

I have received a letter from Drydens fairfax asking me to pay for an old CCJ from 2018. This was from a credit card account from 2008 which I paid for until 2015, when I had a life changing event leading me to move a number of times. I had no job, so no means to pay and had a responsibility of new born twins. 

To cut the story short, I now have rebuilt myself, and didn’t know anything about this CCJ worth £5000 until I received the letter a couple of weeks ago. Its not showing on my credit file. I have a good job and a house on mortgage. Can I dispute this?  I did not inform the creditor that I moved, but essentially they would have known since I wasn’t contactable since Feb 2015. 

Will this affect my current credit rating if I engage with them? I have sent a ‘prove it’ letter. But what are my chances since it’s a CCJ? How long would it take for them to respond?
 I remain a single parent and would much rather spend the money on my kids’ education. 

I will be grateful for your advice. 

fatbelly

See what comes back.

They should be able to give you the court reference and the name of the court used.

Then you can check with the court that they are telling you the truth. Ask for the particulars of claim

Your options, as ever are

• pay in full
• negotiate a settlement
• pay by instalments
• continue to ignore

The original lender entry should have dropped off your credit file 6 years after the default, so probably last year. But the ccj should appear. 

BrigitB

Thanks, can I ask for CCA to consider setting it aside?

fatbelly

If you're going for setaside you need

• a defence with a prospect of success
• a reason why you didn't respond to the claim
• to act promptly

Although this is a Consumer Credit Act debt they won't respond to your request  for a copy of the agreement - it's too late to stop the claim. See

https://debtcamel.co.uk/ask-cca-agreement-for-debt/#When_should_you_ask_for_the_CCA_agreement_-_and_when_shouldnt_you

BrigitB

How would I know if I have a good defence? I haven’t seen the court papers. Shall I ask the court to send in the case work? Would I need a solicitor to represent me? Can you recommend anyone?

fatbelly

When you get the court details ask for the particulars of claim and take it from there

BrigitB

Do you think I can dispute it if it’s not showing on my credit file? 

penners324

Send a letter back saying debt is now statute barred.

DullGreyGuy

penners324 said:

Send a letter back saying debt is now statute barred.

The statute is for getting a CCJ, they already have one

fatbelly

OP paid till 2015 and they got a ccj in 2018.

It was never statute barred

SusieT

BrigitB said:

How would I know if I have a good defence? I haven’t seen the court papers. Shall I ask the court to send in the case work? Would I need a solicitor to represent me? Can you recommend anyone?

It would appear from the information you have posted, that you do not have a defence , I suspect the court paper will say that BrigitB owes us a total of £5000 and has stopped paying, which would seem to be true. You saying that you could not afford to pay is not an acceptable defence, you need a resaon that there was no legal requirement to pay, so from your original post I would think it highly unlikely that paying the fee to get it set aside would be worth it.