backdoor Arrow/dryden ccj on old debt

[getstraight]

I searched through my bank statements last night and the last time I paid the debt management company was may 2013, not 2011 as I thought.

 

The CCJ is dated 26th july.

 

Does this mean I don't have an argument for statute barred?

 

thanks again

 

[brassnecked]

You need to find the date the Claimform was issued, if after May 2013 might be OK. a bit close though.

[getstraight]

the claim form from the court is the 7th June my last payment is 28th May. think that's to close?

 

[dx100uk]

no that's ok so proof the debt was sb'd

the case of recent whereby it could be the dn date is not retrospective imho.

 

dx

[getstraight]

sorry dx100uk not understanding what you mean?

[getstraight]

so that the claim form issued 7th june 2019 last payment 28th may 2013

[dx100uk]

Dont worry about it

there was a recent court of appeal case whereby a default notice date plus 14days was deemed cause of action (SB).

[getstraight]

20 hours ago, Andyorch said:

 

You can ring rent a sols named in the letter above...drydensfairfax solicitors...inform them whats been advised here and the fact it was already statute barred before issuance and that you request that they set it aside at their cost...otherwise you will and claim costs.

 

N244 link is here.....if you need it....but ring the Sols first and see if they will agree to set a side by consent.

 

 

https://www.gov.uk/government/publications/form-n244-application-notice

 

So this still applies?  does requesting that they set it aside at their cost.  I take it that effectively cancels the ccj?

[dx100uk]

hang on a minute, thought this was another thread.

this is arrows and I believe they were the ones that won this court of appeal hearing re SB date=DN+14days.

 

can you go check something else please

what is the defaulted date of the debt on your credit file please

if you cant see it

go ring the Original Creditor and ask what date the sent the default notice please..

[getstraight]

the orginal default is may 2010 we signed with a debt management company and then few weeks later the marriage split up

[dx100uk]

brilliant!!

 

so go ring drydens

don't request get angry..DEMAND they set aside the CCJ FOC to you as the debt was already statute barred at the issuance of the claim.

 

tell 'em id they don't, you'll be suing them for the £255 set aside fee and for damages to your credit worthiness.

[getstraight]

How forceful will I need to be?  I will be speaking to an admin person and not an actual solicitor?   do I git them to email a response?  and give them my new address.

 

[dx100uk]

you've been here +6yrs and your questions indicate you've not researched anything on CAR as that's our 2nd mantra...self help!

 

you DO NOT use email ever!! get them to WRITE to you.

 

you should be very forceful, you think its ok for these fleecers to do this then?

take someone to court purposefully using a old address and when the debt was statute barred - so twice they never bothered to check important details!!

if you'd done that the judge would be down on you like a ton of bricks.

 

you demand to speak to the drydens solicitor that deal with CCJ number xxxxx attained XXXX over xxxxx debt.

 

you should NEVER be running away from debts by not informing your creditors of a change of address.

sadly that's of your doing and WHY you are in this mess in the first place. so why you think you shouldn't do it now?

 

[getstraight]

I said email as time is running out The court document says I have until the 27th to pay.

 

This has come out of the blue, yes should have informed them but I hadn't heard in ages, only recently moved house.  I appreciate what you are saying

 

[dx100uk]

oh well another day wasted then..

you wont be able to do this till Monday now..tick tick.

 

drydens can cancel the CCJ immediately.

its confirmation that they have done it..if they agree is what you are after

email is not considered proof of that. a letter is

[getstraight]

At this point is worth asking for proof of the debit when speaking to the solicitors?

 

[dx100uk]

no why its statue barred

doesn't matter what they hold.

immaterial now.