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    • goodtogreat
    • By goodtogreat 9th Jul 18, 7:26 PM
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    goodtogreat
    Help with CCJ is it statute barred?
    • #1
    • 9th Jul 18, 7:26 PM
    Help with CCJ is it statute barred? 9th Jul 18 at 7:26 PM
    Hi guys, first time posting here. Hoping someone maybe able to help.
    I took out a loan with HSBC back in 2008/2009 cant remember exactly when but I was 19 years old. I was stupid enough to fall into debt and just didnt pay! I nnever got into and after 6 years the debt was written off... or so i thought. Until recently ive found on my credit file a CCJ from a company who the debt must of been sold onto.. this has been on there 2 years, ive never received any letters from this company and was not aware they had taken me to court! I suppose i was naive enough to think after the 6 years it would be gone from my credit file. So now i am in the postion where my husband is looking to remorgage our house and wanted me to go on the morgage as 2 incomes are better than one! Do you think i have a case to be able to get this removed? I dont want to pay the debt and have it satisfied as i know this doesnt help all that much in terms of my credit file. Please no negative comments regarding my stupidity 12 years ago.. thanks for reading
Page 1
    • zx81
    • By zx81 9th Jul 18, 7:30 PM
    • 19,360 Posts
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    zx81
    • #2
    • 9th Jul 18, 7:30 PM
    • #2
    • 9th Jul 18, 7:30 PM
    If they've gained a CCJ against you, it will be on your files for a further 6 years and completely enforceable

    A settled CCJ would look much better than unsettled (I wouldn't bother applying for a mortgage with it still unsettled). However, if you don't want to pay it, then you'll just have to leave it.
    • fatbelly
    • By fatbelly 9th Jul 18, 7:41 PM
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    fatbelly
    • #3
    • 9th Jul 18, 7:41 PM
    • #3
    • 9th Jul 18, 7:41 PM
    This is the credit file board so you might get some negative comments, but I will refrain...

    Loan taken out 2008/2009 (cant remember exactly when )
    Payments made - none?
    Loan would have become statute barred 2014/15 (cant remember exactly when )
    ccj registered 2016 sometime

    This is all a bit vague.

    First you need to contact the court (email will do), quote the reference and ask for the 'particulars of claim'. If they have good detail they will tell you what this originally was, including the loan reference, and when it was taken out. Also when they (Lowell? Cabot?) originally bought it and when they started the claim.

    Provided there is an over-6-year gap between you stopping payments and them starting a claim there is the possibility of a set-aside application being successful. National Debtline has a useful factsheet here

    https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

    Of course, until you do your research, you can't be sure the ccj is what you think it is. It could be something entirely different.
    • sourcrates
    • By sourcrates 9th Jul 18, 7:57 PM
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    sourcrates
    • #4
    • 9th Jul 18, 7:57 PM
    • #4
    • 9th Jul 18, 7:57 PM
    The only grounds you would have for removal are the circumstances Fat-belly describes above, and even then you must apply for the set aside, at a cost of 255.00. (Remission on the fee may be available).

    CCJs do not become statute barred, nor do they become unenforceable, the only stipulation is that six years after judgement, the creditor must seek the permission of the court, should they wish to enforce the judgement, the court may or may not agree to this.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • goodtogreat
    • By goodtogreat 9th Jul 18, 8:53 PM
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    goodtogreat
    • #5
    • 9th Jul 18, 8:53 PM
    • #5
    • 9th Jul 18, 8:53 PM
    thanks for your reply, I have been in contact with the courts, it is Lowell who have applied to CCJ, it shows on behalf of HSBC, which I knew it was.. as its the only thing credit I ever took out.
    I never paid anything to HSBC, so after the 6 years the default from HSBC was removed from my credit file, after this I took out a mobile phone contract and got a credit card as there were no other negatives on my credit file... then 12 months plus later a CCJ appeared on my credit file. this was registered in August 2016. I never received any letters from Lowell, I had moved house from my previous address and didn't need to inform anyone as the default from hsbc at this point wasn't on my credit file, in 2016 May 2016 I also got married so my named changed before this CCJ was removed.. really my question is do I have grounds to have this CCJ removed? as stated ealier, I don't want to pay the money to have this satisfied as its still no better for helping to get a mortgage... hope my reply gives abit more information. thanks again
    • Nasqueron
    • By Nasqueron 9th Jul 18, 9:02 PM
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    Nasqueron
    • #6
    • 9th Jul 18, 9:02 PM
    • #6
    • 9th Jul 18, 9:02 PM
    You borrowed money and didn't pay it back and they took out a CCJ which reflects the facts of your situation so there is no real reason why they should remove this as they will no doubt want to keep chasing you for the money. Further, think of the mortgage lender's view - why would they lend someone money when they have a history of not paying it back and trying to get out of doing so?

    A settled CCJ looks better to a lender as it at least makes it look like you accept your responsibility and a broker might get you a mortgage albeit at a higher rate to reflect your past history.
    Last edited by Nasqueron; 09-07-2018 at 9:10 PM.
    • goodtogreat
    • By goodtogreat 9th Jul 18, 9:13 PM
    • 7 Posts
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    goodtogreat
    • #7
    • 9th Jul 18, 9:13 PM
    • #7
    • 9th Jul 18, 9:13 PM
    as stated previously I was a young 19 year old, which I understand isn't an excuse - the "debt" 2500 to be exact on my credit file for 6 years, in which time I wasn't able to apply for credit and I learnt the hard way... the default from HSBC was removed, and then over 12 months later a CCJ was applied, by a company who I knew nothing about and had no correspondence from... I don't need to be on the mortgage, my husband owns the house, (husband I met many years after my silly teen years) we just thought it would be a good idea to get me on the mortgage, which after checking my credit file appeared the CCJ! I would be happy to pay the money, lets face it, its not the largest amount of money... but my question was more around having the CCJ removed as I was already penalised for 6 years having the default on my credit file, this then turned into a CCJ. thanks for your very unhelpful reply though
    • fatbelly
    • By fatbelly 9th Jul 18, 9:36 PM
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    fatbelly
    • #8
    • 9th Jul 18, 9:36 PM
    • #8
    • 9th Jul 18, 9:36 PM
    thanks for your reply, I have been in contact with the courts, it is Lowell who have applied to CCJ, it shows on behalf of HSBC, which I knew it was.. as its the only thing credit I ever took out.
    I never paid anything to HSBC, so after the 6 years the default from HSBC was removed from my credit file, after this I took out a mobile phone contract and got a credit card as there were no other negatives on my credit file... then 12 months plus later a CCJ appeared on my credit file. this was registered in August 2016. I never received any letters from Lowell, I had moved house from my previous address and didn't need to inform anyone as the default from hsbc at this point wasn't on my credit file, in 2016 May 2016 I also got married so my named changed before this CCJ was removed.. really my question is do I have grounds to have this CCJ removed? as stated ealier, I don't want to pay the money to have this satisfied as its still no better for helping to get a mortgage... hope my reply gives abit more information. thanks again
    Originally posted by goodtogreat
    Yes, you do have grounds for set-aside, specifically:
    • a defence with a real prospect of success
    • a reason why you did not defend the original claim
    • acting promptly (in your case as soon as you discovered it)
    It's the date they started the court claim that is relevant - I guess that was around June 2016.

    Provided your last payment was prior to June 2010 you should be OK.
    • goodtogreat
    • By goodtogreat 9th Jul 18, 9:48 PM
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    goodtogreat
    • #9
    • 9th Jul 18, 9:48 PM
    • #9
    • 9th Jul 18, 9:48 PM
    Yes, you do have grounds for set-aside, specifically:
    • a defence with a real prospect of success
    • a reason why you did not defend the original claim
    • acting promptly (in your case as soon as you discovered it)
    It's the date they started the court claim that is relevant - I guess that was around June 2016.

    Provided your last payment was prior to June 2010 you should be OK.
    Originally posted by fatbelly


    thanks for your reply, its really helpful. I am confident the last payment was definitely before that time.
    so my question now would be how do I prove this? or do they need to prove this? how do I move forward? do I contact the court and ask for it to be set aside? and pay the 255?? I assume this isn't refunded if it wasn't set aside for any reason? Or do I contact the creditor? thanks again for your help
    • fatbelly
    • By fatbelly 9th Jul 18, 9:50 PM
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    fatbelly
    It's in the link I posted earlier.

    You make an application on a N244 and send it to the issuing court. If you can get off the fee you also complete an EX160
    • goodtogreat
    • By goodtogreat 9th Jul 18, 11:03 PM
    • 7 Posts
    • 0 Thanks
    goodtogreat
    Thanks again. Ive just been reading the email that the court sent over with information on from lowell. They (lowell) talk about a contract between myself and HSBC and the claim being assigned to the claimant on the 25.01.2013. It then talks about interest being added from the date of the assignment to the dste of the agreement 25.01.2014?? A year later? I am completely confused? Does this mean they took over the debt in 2013? Presumbly this might of been when the default from hsbc came off? But they then did apply a CCJ until 2016?
    • fatbelly
    • By fatbelly 10th Jul 18, 5:26 AM
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    fatbelly
    I don't see what's confusing. They bought the debt on 25.1.13, and chose to start a court claim on whatever date you have there. What they did with interest is not relevant. The relevant dates are the date they started the court claim and the date of your last payment
    • goodtogreat
    • By goodtogreat 10th Jul 18, 6:59 AM
    • 7 Posts
    • 0 Thanks
    goodtogreat
    I just find it strange if they bought the debt in Jan 2013 they didnt apply the CCJ until August 2016? 3 and a half year later? This seems along time after buying the debt?
    • fatbelly
    • By fatbelly 10th Jul 18, 8:32 AM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    They would have tried to collect on it but it seems they couldn't find you. To secure their position on the debt they started a court claim in 2016. They may have believed they were doing it before it went statute barred or they may have taken a calculated risk that they could get a ccj anyway and argue it later if they needed to.
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