Asking for ccj to be removed as the debt was over 6 years old when ccj registered

moneysaver12

Update the one with the ccj I haven’t made any payments but the one that doesn’t have a ccj, I last made a payment in November 23. Lowell kept contacting me. Not sure if I can do anything now with having made some payments 

Hi I’m trying to sort out my debts.  I have two ccjs that I believe were given by the court, more than 6 years when the debts defaulted. I know one is from 2010 when it defaulted and the ccj order is from 2020.   The second one im not sure of the default date.

How do I ask for the ccj removed when the debt defaulted over 6 years before the ccj was given.

how do I find out the default date for the second one.

thank you in advance 

sourcrates

You have to apply for a set aside application to the court, this will cost you a whopping £303 !!!

See here: County court judgments for debt: Cancel the judgment - GOV.UK

Would have been much easier, and cheaper, to defend the original court case, but why bother now after 5 years?

It will be removed automatically, and for free, after 6 years anyway.

Records are only kept for around 6 years, so if your other debt defaulted prior to that, there will likely be no record of it now.

moneysaver12

sourcrates said:

You have to apply for a set aside application to the court, this will cost you a whopping £303 !!!

See here: County court judgments for debt: Cancel the judgment - GOV.UK

Would have been much easier, and cheaper, to defend the original court case, but why bother now after 5 years?

It will be removed automatically, and for free, after 6 years anyway.

Records are only kept for around 6 years, so if your other debt defaulted prior to that, there will likely be no record of it now.

Lowell are still chasing me for debts that are from 2010 and I think one is from 2016 when it defaulted 

sourcrates

Are these debts separate to the debt with the CCJ?

If so, send the prove-it letter, see what comes back as they are likely statute barred.

ManyWays

How do I ask for the ccj removed when the debt defaulted over 6 years before the ccj was given.
did you make any payments after the default date? If you did, it probably wouldnt be  would not be statute barred after 6 years

Have you only recently found out about the CCJs because set aside applications (asking for the CCJ to be removed) have to be made "promptly".

EssexHebridean

OP - were either of these debts included in your bankruptcy? Not sure whether that would make a difference but the 2010 one must presumably date from that time?

moneysaver12

sourcrates said:

Are these debts separate to the debt with the CCJ?

If so, send the prove-it letter, see what comes back as they are likely statute barred.

One is a ccj and the other separate 

moneysaver12

ManyWays said:

How do I ask for the ccj removed when the debt defaulted over 6 years before the ccj was given.
did you make any payments after the default date? If you did, it probably wouldnt be  would not be statute barred after 6 years

Have you only recently found out about the CCJs because set aside applications (asking for the CCJ to be removed) have to be made "promptly".

ManyWays said:

How do I ask for the ccj removed when the debt defaulted over 6 years before the ccj was given.
did you make any payments after the default date? If you did, it probably wouldnt be  would not be statute barred after 6 years

Have you only recently found out about the CCJs because set aside applications (asking for the CCJ to be removed) have to be made "promptly".

Sorry don’t know how I’ve quoted you twice.  The one that doesn’t have a ccj, I last made a payment November 23, I had started to pay as Lowell kept contacting me. The one with the ccj I didn’t make any payments.  Is there anything I can do about the one I made payments on

moneysaver12

EssexHebridean said:

OP - were either of these debts included in your bankruptcy? Not sure whether that would make a difference but the 2010 one must presumably date from that time?

I didn’t go bankrupt. 

moneysaver12

Lowell are also trying to get me to pay another debt.  I’ve found that the default was in 2016. 

EssexHebridean

moneysaver12 said:

EssexHebridean said:

OP - were either of these debts included in your bankruptcy? Not sure whether that would make a difference but the 2010 one must presumably date from that time?

I didn’t go bankrupt. 

Ummm…

https://forums.moneysavingexpert.com/discussion/832619/just-been-declared-br#latest

There’s no need to feel embarrassed about it if that’s what the issue is - we deal with folk here who’ve been through bankruptcy all the time. It’s important to work out whether the debt that is being chased might have been included there, and has now been sold on in error.