Please Help !!

Crobster_34 · 11 November 2017 at 4:45PM

Hi everyone

wonder if you can help me. last december i recieved a CCJ for what i believe is a statute barred debt.
its for a capitol one credit card and Lowells is the collection company.

I admitted to the debt through lowells as i didnt realise it was up to them to prove i owed im adamant the debt is statute barred and they just tried there luck with me i panicked as it was a CCJ

Can i get the ccj set aside ?

im now i a bad place finacially with this can anyone help ??

Regards Rob

sourcrates · 11 November 2017 at 6:05PM

Hi,

Welcome to the MSE forums.

As long as you are sure there was a period of 6 years that had passed before you talked to Lowell, then yes, you can apply for set aside on that basis.

Once a debt is statute barred, it cannot be unbarred, for any reason.

How exactly did you approach Lowell, did you admit liability in writing, or verbally ? because only written acknowledgement counts.

The cost of a set aside application is £255, but remission of the fee is available if you are on a low income, details here :

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

Crobster_34 · 11 November 2017 at 7:42PM

hi

many thanks for a reply

it was verbal over the phone as i thought i had no option
thanks for the link aswell

Crobster_34 · 11 November 2017 at 7:43PM

is there a way i can find out the last time i paid the credit card at all ???

sourcrates · 11 November 2017 at 9:45PM

Crobster_34 wrote: »

is there a way i can find out the last time i paid the credit card at all ???

You could ask the original creditor for a statement, however they are not obliged to cooperate, only other option is you would have to go through the set aside application and see if it was defended.

Crobster_34 · 13 November 2017 at 11:15AM

Ok i did wonder that but wouldnt that mean that im admitting to the debt as i would have to give the origonal creditor all my details to prove to them who i am ??

StopIt · 13 November 2017 at 11:20AM

Crobster_34 wrote: »

Ok i did wonder that but wouldnt that mean that im admitting to the debt as i would have to give the origonal creditor all my details to prove to them who i am ??

No, you can do this without prejudice and without admitting liability.

At this stage however, you need to address the CCJ anyway so don't worry about technicalities. You can ask for an SAR (Cost of £10) to ask what the creditor has on file about you, including your payment history.

If you think the debt was statute barred and are willing to risk the fee, apply for a set aside. If not, you will have to come up with an arrangement to pay it.

Crobster_34 · 13 November 2017 at 11:35AM

hi thanks for the reply does it make any difference that im already paying 35 a month to lowels at all ?

StopIt · 13 November 2017 at 12:08PM

Crobster_34 wrote: »

hi thanks for the reply does it make any difference that im already paying 35 a month to lowels at all ?

For this CCJ? Possibly.

Seek legal advice but you should never pay a debt you dispute, especially a statute barred one. How much is the debt outstanding on the CCJ?

If you're in a financial crisis, seek help from a debt charity in my signature, and most certainly book an appointment with the CAB, although you may be on a hiding to nothing. You've got nothing to lose by getting it checked out though.

Crobster_34 · 13 November 2017 at 12:12PM

hi approximatley £ 603 is left to pay but im sure its statute barred as when i was presented the ccj i could not find any record of the credit card debt on my credit file . thanks again !

StopIt · 13 November 2017 at 12:22PM

Crobster_34 wrote: »

hi approximatley £ 603 is left to pay but im sure its statute barred as when i was presented the ccj i could not find any record of the credit card debt on my credit file . thanks again !

Remember the set aside fee is £255, so that leaves a difference of £350.

Not being on your credit files does not mean the debt is statute barred. A debt falls off the credit file 6 years after a default, regardless of if anything is paid towards the debt. If you paid anything on this debt in that period, it resets the clock for the statute bar, but not the credit files.

As I said, you'll need to take advice on this before you proceed.

Please Help !!

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