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** sorted ** C.C.J issued by default on Statute Barred Debt-help please.

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  • ** sorted ** C.C.J issued by default on Statute Barred Debt-help please.

    Hi all.This is my first thread.I have been unemployed since april 8th 2004 I cant work due to depression and other mental health problems.After I became unemployed I never acknowledged any debts I had and nor did I have any contact with my creditors.In 2012 I got my first flat(council) recently a guy has been knocking at my door and asking my neighbours if I lived at my flat so I rang chester civil justice centre up and they told me I have to attend court for questioning on 17th feb 2015 and its a company called I.N.D. Ltd.The court told me that a C.C.J was entered in default on 31st August 2011.I never even received the court papers for this to mount a defence and I told the woman at the court this while I was on the phone to her I also told her that I believe the alleged debt in regard to this debt is statute barred.i then rang I.N.D up they claim I had an account in 2006 with a company called Shop Direct and the alleged debt was £3458!! I told the individual I have never had any account with shop direct and if I did the alleged debt would be statute barred.Some days later chester civil justice centre sent me an N244 form to fill in.Any advice would be welcome on what to do next.Many Thanks.
    Tags: None

  • #2
    Re: C.C.J issued by default on Statute Barred Debt-help please.

    Hi welcome,
    Shop Direct covers a number of " catalogue" outlets have you had such an account?
    Once a claim has been issued the statute bar 6 year clock stops on the day the claim
    is issued.
    The judgement then takes over and the original agreement is void.
    If the claim was issued prior to the debt becoming statute barred the Limitation Act no longer affects the debt.
    You must fill in the form and if you do not attend for questioning you will be in contempt of court.

    The criteria for a debt becoming statute barred:
    No payment or unequivocal written acknowledgment of the debt in 6 clear years.
    No relevant contact from the creditor or its successors in the 6 year period. ( relevant contact = issue of a County Court Claim).
    Please don't let this drop it will cause you more distress.
    You attend the court and will be interviewed " under oath" by an officer of the court, you will be asked about income and outgoings
    assets and any other debts you may have.

    Priority Debts being Council Tax, any court fines, rent, food and utility bills.

    I suggest you make a detailed list (2 copies 1 for you 1 for the court for easy reference.
    This is not in front of a judge.

    Comment


    • #3
      Re: C.C.J issued by default on Statute Barred Debt-help please.

      Hi nemesis.Thanks for your reply.I can state that I have had no account with shop direct at all and I have certainly made no payment or unequivocal contact with them.from the moment I became unemployed to the date of the default ccj date its over 7 clear years so surely that means the ccj default was made after the alleged debt became statute barred? Am I within my right to have thiqhis ccj set aside? Based on that the alleged debt is statute barred and the fact that I didnt receive. He forms to mount a defence.Thankyou. QUOTE=nemesis45;498051]Hi welcome,
      Shop Direct covers a number of " catalogue" outlets have you had such an account?
      Once a claim has been issued the statute bar 6 year clock stops on the day the claim
      is issued.
      The judgement then takes over and the original agreement is void.
      If the claim was issued prior to the debt becoming statute barred the Limitation Act no longer affects the debt.
      You must fill in the form and if you do not attend for questioning you will be in contempt of court.

      The criteria for a debt becoming statute barred:
      No payment or unequivocal written acknowledgment of the debt in 6 clear years.
      No relevant contact from the creditor or its successors in the 6 year period. ( relevant contact = issue of a County Court Claim).
      Please don't let this drop it will cause you more distress.
      You attend the court and will be interviewed " under oath" by an officer of the court, you will be asked about income and outgoings
      assets and any other debts you may have.

      Priority Debts being Council Tax, any court fines, rent, food and utility bills.

      I suggest you make a detailed list (2 copies 1 for you 1 for the court for easy reference.
      This is not in front of a judge.[/QUOTE]

      Comment


      • #4
        Re: C.C.J issued by default on Statute Barred Debt-help please.

        Hi responding to PM..

        Ok, Never had such an account. Claimant must be put to strict proof of an account existing and an agreement must be produced.
        The debt must have been statute barred on/before the date the county court claim was issued, that is the evidence and prospective defence if you decide to attempt to get this judgement set aside.

        A more unusual recommendation than that I would normally make, a Subject Access Request under the DPA 1998 to get all personal data IND hold on you and the account.
        There is a £10.00 statutory fee to pay ( use a postal order made out to IND and marked for statutory fee only.
        IND have 40 days to comply with the request.

        You can ask for a copy of any agreement with Shop Direct. (but IND may decline as there is no specific obligation to supply this with a SAR) it's worth a try.
        Hopefully you will get enough data to be able to go for the set aside.

        Comment


        • #5
          Re: C.C.J issued by default on Statute Barred Debt-help please.

          Hi.i have had an email from Shop Direct they have sent me details of the alleged debt.The last payment was made on 13th March 2004 i became unemployed on 8th april 2004.am i right in thinking based on the last payment date 13th March 2004 the alleged debt would be statute barred on 13th april 2010?? Could i use this evidence in a set aside? Many thanks.

          Comment


          • #6
            Re: C.C.J issued by default on Statute Barred Debt-help please.

            OK SB is a complete defence.
            Be Sure of the following points.
            There has been no payment to any party in regard to this debt in 6 clear years.
            You have not made any unequivocal written admission of liability in 6clear years.
            The claim was not made before the debt became statute barred.
            All depends on the above.

            Comment


            • #7
              Re: C.C.J issued by default on Statute Barred Debt-help please.

              Hi nemesis.Many thanks for your reply.1000% never made any payment in the 6 years to any party in regard to this debt and 1000% no unequivocal written admisson of liability in over 6 clear years.how to i find out the date of the claim? The defaul judgement was 31st August 2011.

              Comment


              • #8
                Re: C.C.J issued by default on Statute Barred Debt-help please.

                Just to be totally certain the SB had already been reached before 31/08/2011?
                So at worst claim issued 3 months prior to 31/08/2011 say April/May 2011 would that fit?

                Comment


                • #9
                  Re: C.C.J issued by default on Statute Barred Debt-help please.

                  If you last paid or acknowledged the debt in March/April 2004, then it would have become SB approx April 2010 (give or take depending on dates of course)
                  Any court claim after that (such as 2011) would be against a SB debt.
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: C.C.J issued by default on Statute Barred Debt-help please.

                    Originally posted by Kati View Post
                    If you last paid or acknowledged the debt in March/April 2004, then it would have become SB approx April 2010 (give or take depending on dates of course)
                    Any court claim after that (such as 2011) would be against a SB debt.
                    Thank you Kati,
                    I think we can say Wirralguy should go for set aside on this.

                    Comment


                    • #11
                      Re: C.C.J issued by default on Statute Barred Debt-help please.

                      Thankyou kati and Thankyou nemesis.The email Shop direct sent me shows the last payment as 13th march 2004.The default c.c.j was entered against me on 31st August 2011(didnt even receive any papers from the court to mount a defence and by god i would of done if i had received the court papers in the first place).Do you think i have a good chance of getting this set aside? Just wondering if I.N.D know its a SB debt?

                      Comment


                      • #12
                        Re: C.C.J issued by default on Statute Barred Debt-help please.

                        When these debts are sold in portfolio lots it is with absolute minimum of data, no agreement or other data apart from name/address/
                        original creditor/amount owing.
                        Stat Barred when claim was issued.

                        Comment


                        • #13
                          Re: C.C.J issued by default on Statute Barred Debt-help please.

                          Hi all.Received a letter from I.N.D. They say a claim was issued against me on 9th august 2011 and they hold judgement against me dated 31st august 2011.they have stated the debt was not statute barred as payment was received within the 6 years prior to the issuing of a claim and the debt is not statute barred.they then claim that i qteceived the claim form the court sent to my previous address and 'deemed' served upon me 5 days after issue.i know for a fact i have the last payment as 13th march 2004 and i know for a fact i never received any court papers.whats my next step? Should i email I.N.D and call there bluff and ask them to prove i made payment within the 6 years prior to the issuing of a claim? I mean i have evidence from Shop Direct that shows the last payment made as 13th march 2004.i would greatly appreciate your advice.many thanks.

                          Comment


                          • #14
                            Re: C.C.J issued by default on Statute Barred Debt-help please.

                            Hi, You need to apply to set aside the Judgment - as you were unaware of it until you had this guy at your neighbours door and got the letter inviting you for questionning - have a read http://www.legalbeagles.info/forums/...lication-notes - and feel free to ask if you need help. It will cost you an application fee of £155 unless you are on certain benefits and exempt ( look up the EX160 form on the court website ). That application should put a hold on any enforcement action. Your defence would be that it is statute barred ( before they got the judgment ) and also you should send a CCA request for the original agreement as back up.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: C.C.J issued by default on Statute Barred Debt-help please.

                              Responding to PM. Not the first time by far that IND claim " mystery" payments, they need to be put to strict poof of how an when the payment was made!!
                              Basically WG they are talking Bowlocks:juge:

                              They must prove what the payment was, how it was made and who by.

                              Ok back on laptop instead of tablet. Much easier as I have large hands:clap2:

                              It is entirely in IND's hands to prove that the alleged payment was made, how it was made, when exactly it was made.

                              I.e. The method of payment, Credit card, debit card, cheque, postal order, bank transfer (used notes in dirty brown envelope etc..

                              You require the card number, card issuer, name of card holder, expiry date and security code for any card payment
                              Cheque No. name of drawer, bank on which drawn, date drawn.
                              PO number, issuing PO ID, amount paid, date paid.

                              If they cannot provide such proof then you have them your word against theirs, but you have the proof of the last payment date to back you up.
                              nem
                              Last edited by nemesis45; 18th December 2014, 17:16:PM.

                              Comment

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