Announcement

**Undercover Elsa** · 29 July 2015, 05:34

Re: Shoosmith's chasing unpaid CCJ from 2007

Hi Scottbez and welcome to AAD!

I've moved your post to your own thread so it doesn't get overlooked, and put it in the General Legal section for now.

It must have been a huge shock getting all this out of the blue after 8 years.
Unfortunately CCJ's don't ever become Statute Barred, but they do have to request permission from the court to restart proceedings. However the court may not be willing if they've left it for so long without bothering to pursue it.

You do need help with this and you've come to the right place

In order to help you we need to see the documents so we know exactly where you're at.
Could you scan the letters you got from Shoosmiths in October last year, and most importantly the court order and accompanying letter.
Please send them unedited to Niddy our webmaster: webmaster@all-about-debt.co.uk and copy in PlanB from our legal team PlanB@all-about-debt.co.uk.
Don't worry it's perfectly secure. Include your user name in the subject line and a link to this thread in the body.

Once we know exactly what's happening we can sort out the best way forward for you.

Elsa x

**Scottbez** · 29 July 2015, 08:35

Re: Shoosmith's chasing unpaid CCJ from 2007

Ok I have sent copies two are torn but have been pieced together as my wife said tare it up but I've got to the stage I just want to deal with it one way or another

**PlanB** · 29 July 2015, 08:57

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

I have sent copies two are torn but have been pieced together as my wife said tare it up but I've got to the stage I just want to deal with it one way or another

Thanks for sending those. I did smile when I saw they'd been torn up but pieced back together again. I know the feeling.

Can I trouble you to resend without blanking out your name and address etc. We need to see them unedited. It's a perfectly secure system which no one else can see.

What I can see is that the 2014 letter makes no reference to a CCJ. It does refer to enclosing a copy of your CCA which surprises me because if there was already a CCJ (from 2007) they wouldn't need to provide you with a CCA since that argument would have been done and dusted in court or by way of a Default Judgement if you didn't respond to a summons.

Do you have a copy of the CCJ? Could there have been a claim issued but stayed so no CCJ yet?

That 2014 letter quotes a claim reference number so perhaps you should ring Northampton County Court Bulk Centre to check the status of that claim.

I'm sure we can get to the bottom of this with a little more information.

Plan B x

**PlanB** · 29 July 2015, 09:08

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

a debt that has a ccj attached to it dating back to 2007.
I've had no contact with anybody in nearly 8 years i knew nothing of the ccj, so I wrote a statue barred letter which they replied to telling me as it has a ccj it cannot be statue barred and with it sent me a copy of a credit agreement I signed in 2003. I think it is with mbna no copy of a ccj

We would need to look at this a bit more closely so see whether the debt was SB when the summons was issued and whether you have the option to apply for a set-aside of any CCJ on that basis.

A lot would depend on why you didn't respond to the summons to Defend on the basis of SB at the time.

Have you moved addresses during this period?

It's early days so we can't comment until we have a bit more research to go on.

Plan B x

**Scottbez** · 29 July 2015, 15:38

Re: Shoosmith's chasing unpaid CCJ from 2007

I have only moved twice in the last 6 years once 5 years ago and I've only been living at my new address 1 year I don't no when the ccj was given I only no what they are telling me which they are saying it was in 2007 I didn't apply for statue bar as I cannot recall ever seeing a letter informing me of a ccj I don't no whether to contact shoosmiths to get more information

**PlanB** · 29 July 2015, 15:58

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

I have only moved twice in the last 6 years once 5 years ago and I've only been living at my new address 1 year I don't no when the ccj was given I only no what they are telling me which they are saying it was in 2007 I didn't apply for statue bar as I cannot recall ever seeing a letter informing me of a ccj I don't no whether to contact shoosmiths to get more information

I wouldn't contact Shoosmiths just yet except in writing. If they've written to you then you can write back and ask them to prove this debt exists and to provide you with a copy of the 2007 County Court Judgement. That's all.

We have a "Prove It" template letter for that.

If there's a chance this CCJ is from 2014 then you can check that using the Trust Online website:

http://www.trustonline.org.uk/search-yourself

Plan B x

**Scottbez** · 29 July 2015, 16:22

Re: Shoosmith's chasing unpaid CCJ from 2007

Ok I've just run a check and I have nothing registered against me so I suppose I should write a prove it letter then

**Never-In-Doubt** · 29 July 2015, 17:29

Re: Shoosmith's chasing unpaid CCJ from 2007

No. Hold fire. A CCJ vanishes from Trust Online after 6 years. It doesn't mean it's extinguished.

Send nothing yet.

**Scottbez** · 29 July 2015, 17:32

Re: Shoosmith's chasing unpaid CCJ from 2007

Ok I will call Northants court tomorrow to find out about the claim so I just sit and wait for shoosmiths to get back in touch

**Never-In-Doubt** · 29 July 2015, 18:30

Re: Shoosmith's chasing unpaid CCJ from 2007

I'd ask the court for details of the claim but that's all. Shoosmiths can't really do jack squat without approval of the court

**PlanB** · 29 July 2015, 18:32

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

I will call Northants court tomorrow to find out about the claim

Which is what I suggested you should do in the first place this morning.

Originally posted by PlanB View Post

That 2014 letter quotes a claim reference number so perhaps you should ring Northampton County Court Bulk Centre to check the status of that claim.

Originally posted by Never-In-Doubt View Post

I'd ask the court for details of the claim but that's all.

^^^^ agreed

Plan B x

**Scottbez** · 29 July 2015, 18:47

Re: Shoosmith's chasing unpaid CCJ from 2007

Ok I will do so tomorrow and then I will be able to let you guys no a bit more thank you for your advice

**PlanB** · 29 July 2015, 18:53

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

thank you for your advice

We don't give advice we give guidance based on our personal experiences which enables us to point you in the right direction.

So far so good.

Take Care.

Plan B x

**PlanB** · 30 July 2015, 09:36

Re: Shoosmith's chasing unpaid CCJ from 2007

Originally posted by Scottbez View Post

I will call Northants court tomorrow to find out about the claim so I just sit and wait for shoosmiths to get back in touch

I should have said don't get overly excited if Northants CCBC have no trace of that claim number since they only keep information on their database for a limited period after a case has been allocated to a county court (I think it's one year).

I don't know for sure how long they keep the information on their database after a Default Judgement but I wouldn't be surprised if it's only six years. So if this was a CCJ from 2007 it may not be showing on their system, but that doesn't necessarily mean it didn't happen.

If that's the case you may need to send Shoosmiths a Prove It letter if they turn up the heat, but not yet.

We'll cross each bridge as we get to it.

Plan B x

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