Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Beccalil2010
    • By Beccalil2010 13th Mar 18, 11:41 AM
    • 2Posts
    • 0Thanks
    Beccalil2010
    CCJ set aside - is this statute barred?
    • #1
    • 13th Mar 18, 11:41 AM
    CCJ set aside - is this statute barred? 13th Mar 18 at 11:41 AM
    Hello,

    Last week my husband and i successfully had a ccj set aside (issued by cabot/mortimer clarke). The judge has now asked for the defence to have it completely removed from our credit file.

    We are looking towards a statute barred defence but we are a little confused. Apparently the original ccj was issued back in 2015 and this was re-served back in november 2017 (we actually didnt recieve any paperwork at all until the northampton paperwork came through in november 2017. )

    My husband and i actually do not have a clue where this has come from, cabot state it came from a yorkshire bank loan from 2009 and the agreement with yorkshire bank ended in 15/10/10 as no payment had been recieved. We have zero paperwork anywhere about this and cannot ever remember taking it out.

    As the original ccj was issued in 2015, would the statuted barred defence work as it was within 5 years or is it based on the re-served ccj from 2017?

    Very confused and needing some advice desperately.
    If any further information is required please do not hesitate to ask.

    Thank you for reading and any advice would be massively appreciated.
Page 1
    • Gary_Dexter
    • By Gary_Dexter 13th Mar 18, 12:05 PM
    • 1,130 Posts
    • 627 Thanks
    Gary_Dexter
    • #2
    • 13th Mar 18, 12:05 PM
    • #2
    • 13th Mar 18, 12:05 PM
    A statute barred debt is when a debt becomes 6 years old from from date of default.

    So the CCJ was within the 6 year period
    • Beccalil2010
    • By Beccalil2010 13th Mar 18, 12:41 PM
    • 2 Posts
    • 0 Thanks
    Beccalil2010
    • #3
    • 13th Mar 18, 12:41 PM
    • #3
    • 13th Mar 18, 12:41 PM
    Thank you, so even though it has been re-served it will still be from the original 2015 date? If i am understanding things correctly.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4Posts Today

4,001Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin