Statue barred help/advice

sourcrates

As the debt is approx. £800, spending another £275 may not be the wisest use of your money, but that`s your decision.

Although these companies do obtain quite a few judgements, and on occasion they will apply for an attachment of earnings if you continue to ignore them, that is not always the case.

A lot of the time they won`t spend more money than is necessary, so apart from the odd letter, you may not get any further enforcement action.

You could try sitting it out and see what happens, after 6 years the CCJ will become unenforceable, it would give you the satisfaction that they broke civil procedure rules and it cost them more than you.

fatbelly

I think if you can get this in front of a judge you should win.

Did you find out where the claim form went?

Taylorbees65

Forms must have got lots apparently it happens , a lot of help I know .

The CCJ says I must make payments of £ 35 per month starting July 3rd 

Debt is now over £ 1000 as court costs have Ben added .

Taylorbees65

Lost not lots 

sourcrates

You have a reasonable chance of having this set aside, but annoyingly it will cost you the court fee.

DisabledDan

Taylorbees65 said:

Read all the info Thanks .

So it will cost me £ 275 but I could still lose and be even further out of pocket ?

This sucks . I asked them for a copy of credit taken out they never sent it , asked for prof of the sc called £ 2.21 payment they never sent it

Just feel absolutely cornered and in a no win situation 

This is very unreasonable behaviour and you must take action for the sake of others.  Consider starting a crowdfunding page for the £275 and any subsequent appeal.  It is important that these companies are 

As far as the costs you can ask the Court to order that the Claimant pays that into Court before the hearing so they do not try to offset it.  The basis for your claim and your actions are as follows

1. The debt was statute barred.
2. You were never sent the claim form and had no chance to defend it, mention that the claimant had been conversing with you via email and so should have used all known methods to make sure you got a copy of the claim form.
3. The conduct of the claim firm is a breach of CONC rules as statute barred debts may not be enforced.
4. Report the firm to the Financial Services Authority for the breach in 3 and seek a penalty of £1075, you may get a decision before a Court date. 
5. Look online for other examples of this firm doing the same thing so you can show that they are knowingly breaching FCA rules and Civil Procedure Rules for Practice Direction for Pre-Action Conduct.and CPR for costs.

You can use the comments on the debt camel page below to show that it is common for debt companies to create spurious allegations of micro payments and for alleging fake CCJ's.

https://debtcamel.co.uk/hoist-debt-sold-to-lowell/


The legal basis are  

Objectives of pre-action conduct and protocols

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;

(b) make decisions about how to proceed;

(c) try to settle the issues without proceedings;

(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

(e) support the efficient management of those proceedings; and

(f) reduce the costs of resolving the dispute.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#3.1

Explain that you asked for proof of the falsely alleged payment of £2.75, they failed to provide that which means they failed, could not understand their position or make decisions about how to proceed and you were trying to settle issues with proceedings.  They failed to use any ADR organisation and by all of these failures they failed to reduce the costs of resolving the dispute.

For costs ask for the Court to order under CPR 44 6.2a that due to misconduct by the claimant.

Conduct which is unreasonable or improper includes steps which are calculated to prevent or inhibit the court from furthering the overriding objective.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2

My cousin is a Landlord and faced a similar issue for a claim from a Tenant, he got help online, could have been legal beagles or a Landlord site.

All it takes is a claim like yours which on the face of it has legs, to win and then if appealed for a crowdfunding to occure so that there is some decent case law created to stop this abhorrent behaviour by debt collectors.

Alternatively you wait out the CCJ which I have done on several debts myself, that will not be the end of "the game" because they will threaten to get an attachment of earnings or a warrant of control, both meaningless if you have no money.

The  other option if you have no money or assets is a DRO or there is bankruptcy, I gather a DRO is now free, but check with the experts on this forum and their respective debt charities.
.

Taylorbees65

I have the £ 275 for the claim , I have filled in all of the form and am on point .10 Which is a brief description of my defence etc .

Trying to pay is a bit of a pain especially in this digital age 

Taylorbees65

I submitted my claim 21 st June , haven’t heard anything as of yet , However the first payment for the CCJ is due tomorrow, do I pay it or wait until I hear the result ? 

fatbelly

Don't pay. You're applying to have it set aside

DisabledDan

Taylorbees65 said:

I submitted my claim 21 st June , haven’t heard anything as of yet , However the first payment for the CCJ is due tomorrow, do I pay it or wait until I hear the result ? 

As usual Fatbelly is spot on, everything is frozen until the Court has determined the case.

Make sure that every paragraph of your defence has evidence, obviously you can't prove a negative but what a Court is look for is what is likely.

So use google to do a search of this site and others for these alleged small payments

Also do a Subject Access Request to MyJar and to whoever owned the debt before, ask for EVERYTHING, and if they don't reply inform the Court that they have failed to provide evidence that this fake alleged micro payment was made.  If you can show the Court that these fake allegations of micro payments are a scourge of the debt collection, that they either do not exist or they were made it is highly likely the debt collector made them themselves without your approval or knowledge.

Make sure you enclose a PDF of any legislation you are relying upon, it is a courtesy to the Court and the Judge.

Something like


"I have been in discussion via email with the Claimant since November 2023 seeking evidence of the claim, they have somehow obtained the CCJ despite no service upon me, the claimant could have sent me a courtesy copy of the claim via email, but I am sure they did not because they knew I would vehemently defend that matter had I been made aware.  I have lived at my current address for 24 years, so any attempt to serve at an older or different address would be a deliberate attempt to prevent Justice being served and mislead the Court.

I already informed the Claimant that the alleged debt was statute barred and that I never made any payments since 2013. I asked they to provide evidence of the alleged payment and they said they could not provide it.  This in itself is a breach of Civil Procedure Rules for Practice Direction on Pre-action Conduct which clearly state that

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;

(b) make decisions about how to proceed;

(c) try to settle the issues without proceedings;

(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

(e) support the efficient management of those proceedings; and

(f) reduce the costs of resolving the dispute.

I asked for the evidence to be exchanged and we could not understand each others position without it, although I myself did refute their allegation.  Nobody could make a decision on how to proceed if the Claimant fails to provide evidence. There was no opportunity settle the matter without proceedings because when the law says the matter is statute barred and as they fail to provide evidence to the contrary then it is nothing more than a scam.

The Claimant has failed to support the efficient management of these proceedings by not ensuring absolutely that I was given a copy of the claim, especially as I had informed them that I totally disputed the allegation.  As a result they have wasted the Courts time and increased the costs of resolving the dispute.

I informed the Claimant that there was no case to answer and yet they proceeded with the false claim.

The Practice Direction confirms the following steps should have been carried out before starting a claim 

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

(c) the parties disclosing key documents relevant to the issues in dispute.

The claimant has totally failed to disclose key documents relevant to the issues in dispute, specifically any and all evidence proving the falsely alleged payment was made. The Claimant bought the debt from a company called MYJAR, the Consumer Credit Act and the Financial Services Authority (under CONC rules) are clear that evidence of contracts and proof are required to be produced when requested by a consumer and that debt is unenforceable without them. 

Furthermore the Limitations Act (1980) provides that  an action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued. There has not been any event that would extend the cause of action since 2013, so the debt expired in 2019.

It would be otiose to suggest that a defendant made a micro payment to a debt they had not contributed to for nearly 6 years, especially if they were likely aware that it would become Statute Barred when a period of 6 years of no payments or acknowledgement of the debt had occurred.

It was absurd and a complete waste of the Courts time to attempt to bring a claim for a debt that had no payment or acknowledgement since 2013, the Claimant confirmed they had no evidence of the spuriously alleged micro payment, the Claimant could not even provide a date.  I have made a Subject Access Request to both the Claimant and Myjar (the original creditor) for all data the claimant holds and they both have failed to comply or have not provided any evidence whatsoever of the alleged micro payment.

No defendant could reasonably be expected in 2024 to produce a bank statement from 2017 as the banks themselves only keep electronic versions for 6 years (2023).  I am sure that it has dawned upon this Court that the alleged year of 2017 is incredibly convenient for the claimant and there is prolific evidence online that this is common practice in the debt recovery business to make false allegations of micro payments. A sample of similar false allegations is enclosed.

Considering the above, I am asking the Court to set aside the Judgement, order the Claimant to pay into Court the Court fee for the setting aside of this specious case in order that the Court refunds me as the Claimant clearly cannot be trusted.

I am also requesting that the Court mention in their Order that they find the actions of the claimant to be misconduct even if the Court decides not to further sanction the Claimant on this occasion."