Got CCJ set aside... what do I do next?

Lukeyb_2

Hi Everyone, I'm not sure if this is the right place to post but it's my first time so apologies if it's not!

Anyway, I got a CCJ back in November 2007. I got it because in September 2006 I was involved in a minor car accident. There was a dispute over who was at fault. The insurers involved decided it was the other guy's fault but he wouldn't settle for that even after appeal so he took me to court to recover the costs he says he incurred.

I didn't submit my defence in time so I was found 'guilty' (Don't think that's actually the word they used but you see what I mean) by default.

My insurer paid the amount he was claiming for through the legal expenses but didn't pay it within a calendar month so I got the CCJ.

I have applied to have the CCJ set-aside and was successful, I got the letter from the court last week. What I need to know now is what to do next. I've read that I should send copies of the letter confirming the judgement has been set aside to the credit-reference agencies to have the CCJ taken off my credit file. Could someone tell me if that's all I need to do and exactly who do I need to send the letter to? I have no idea how many agencies I need to send the letter to and what their addresses are so if anyone knows this it would be very helpful.

Also I've read about getting the judgement 'stayed'. Do I need to do that and what exactly does getting it stayed mean?

Any help will be really appreciated. Thank you!

GeorgeUK

If the Judgement was stayed, it would be suspended or put on hold. You have said the judgement has been set aside so basically the judgement has been withdrawn. You are back to square 1 and if the other party wishes to issue a CCJ will need to restart the process - as payment has already been made i doubt this will happen.

Here is a sample letter for sending to the Credit reference agencies. There are 3 of them.

http://www.insolvencyhelpline.co.uk/ccj-removal/sample-letter-to-credit-reference-agency.php

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
https://www.equifax.co.uk
Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
0870 060 1414
https://www.callcredit.co.uk
Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
0870 241 6212
https://www.experian.co.uk


I would advise contacting the citizens advice bureau to make sure you do not need to take any further action.

Lukeyb_2

GeorgeUK wrote: »

If the Judgement was stayed, it would be suspended or put on hold. You have said the judgement has been set aside so basically the judgement has been withdrawn. You are back to square 1 and if the other party wishes to issue a CCJ will need to restart the process - as payment has already been made i doubt this will happen.

Here is a sample letter for sending to the Credit reference agencies. There are 3 of them.

http://www.insolvencyhelpline.co.uk/ccj-removal/sample-letter-to-credit-reference-agency.php

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
www.equifax.co.uk
Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
0870 060 1414
www.callcredit.co.uk
Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
0870 241 6212
www.experian.co.uk


I would advise contacting the citizens advice bureau to make sure you do not need to take any further action.

Hi thank you so much. I'm hoping he doesn't start the process again, but as you say he's got his money so I don't see much point.

Cheers!

muffintop

GeorgeUK wrote: »

If the Judgement was stayed, it would be suspended or put on hold. You have said the judgement has been set aside so basically the judgement has been withdrawn. You are back to square 1 and if the other party wishes to issue a CCJ will need to restart the process - as payment has already been made i doubt this will happen.

Hello. I'm a newbie here. I work in the legal system and disagree that if the other party wishes to issue a CCJ he will need to re-start the process. If the judgment has been set aside the claim still subsists (unless it was struck out) and the judge who set it aside would normally issue directions for trial, including filing of witness statements, etc. I'd check with the court and your insurer as to what's happening.

GeorgeUK

Lukeyb - i would double check with CAB just incase you need to fill in defence forms again. I doubt it as it is done and dusted but when a CCJ is set aside, it usually means to be reviewed again by the court.

Edit: Thanks for the input muffintop. I thought that as it was already paid then the dispute had been resolved. I would have thought that the judge would have stated that both parties had a certain amount of time to decide if they intended to pursue this.

Should never assume should i