ccj wrong date and not fallen off credit file.

nico0007

After attending a court hearing at Southampton County Court on the 22 February 2024 I had a ccj set aside with the consent of the claimant as the paperwork was sent to the wrong address the year before.

“The judgement against the defendant shall be set aside pursuant to CPR13.2.” (Document #1).

Since then, Overdales have somehow had the judgement reinstated on the 16 August 2024 knowing full well that these disputed debts, originally disputed back in December 2023 fall outside of the limitations act 1980.

I have since spoken to the Civil National Business Centre regarding this claim and no prior correspondence was ever sent to me regarding the re-instatement of the judgement prior to the 16th of August 2024 to which now apparently expires in 2031

A list of the orders etc from the courts are below:

Upon the last hearing dated the 23rd of April 2025;

Upon hearing the defendant in person and hearing the solicitor’s agent for the claimant.

It is ordered that

1. For the avoidance of doubt, the default judgement dated 15th of November 2019 and any subsequent default judgements against me are set aside.
2. The defendant must by 30 of April 2025 send the claimant his defence and accompanying documentation that was sent to the court in December 2023 (which I did)
3. Small claims directions attached apply.

Hearing 23rd of April 2025 (Letter dated 11th of May 2025);

To the defendant

This confirms for the purpose of the register of judgements, orders and fines regulations 2005 that;

The judgement giving rise to the registration has been set aside.

A notification will be issued to the keeper of the register of judgements, orders and fines for the entry to be;

REMOVED (because judgement was set aside)

This judgement was registered by the civil national business centre, and the case was transferred to this court.

Also dated the 23rd of April 2025 (Letter dated 11th of May 2025);

Allocation

1. This claim is allocated to the small claims track, and the parties are referred to Part 27 of the civil procedure rules and the practise direction of that part for guidance on how the hearing of the claim will be conducted.

Hearing

1. The claim will be heard at the county court ######## on the 14 July 2025 at 10:00am.

Unless the claimant does by 2pm on the 16th June 2025 pay to the court the trial fee of £85.00 or file a properly completed application then the claim will be struck out with the effect from 16th June 2025 without further order and, unless the court orders otherwise, you will be liable for the cost which the defendant has incurred.

Letter dated 1st July 2025

To the defendant

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £###### for the debt and £85.00 for costs.

You must pay the claimant the total of £#######

(I did file my defence to the court by the 16th of June 2025, which I did but the general form of judgement says that I did not.)

This case was also referred to the small claims track date for a hearing on the 14th of July 2025 which appears to have been retracted.

Mobile phone 1:

Default date: 01/09/2017

Statue barred as of 01/09/2023

Mobile phone 2:

Default date: 07/03/2018

Statue Barred as of 07/03/2024

So, these were already statute barred by the time of the re-issuance of the claim form.

I was on the assumption that a court could only extend a ccj’s time with extenuating circumstances and none of this is in writing.

So do I put in another N244 or the N443 form.

Any help very much appreciated.

fatbelly

It looks to me that the court has decided that your defence had no merit if you were saying that these accounts would have been statute barred in 2023/4 as the claims were started before this date.

When you get a setaside, it is the judgement that is setaside, not the claim.

sourcrates

If the claim was started before the cause of action date, then the judgements will still stand.

The creditor only has to start the claim before the limitation period expires.

As fatbelly states, its only the judgement that is set aside, if your defence is not accepted, the claim is still valid, and judgement reissued.

That appears to be what`s happened here.

nico0007

hi, so can i get it set aside due to statue barred now?

sourcrates

https://forums.moneysavingexpert.com/discussion/comment/81935997#Comment_81935997

No, not if the above is correct, taking legal action before the cause of action date renders a statute barred defence null and void, if they start legal action within 6 years, you cannot use the limitation act as a defence.