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    • Beccalil2010
    • By Beccalil2010 13th Mar 18, 11:41 AM
    • 2Posts
    • 0Thanks
    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

    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
    • #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
    • #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.
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