CCJ successful 'SET ASIDE' stories

ChimpSoprano

Has anyone successfully 'Set Aside' their CCJ? If so please elaborate! After applying for a mortgage with Halifax and congratulated by the advisor on a 'boring' credit history. Less than 48 hours later I was contacted via telephone and told my application had been stopped due to a CCJ issued in 2005 at a previous adress. Absoloutly gutted. Further investigation has led me to an effing Burtons store card...!:mad:

Anyway, it is my intention to pursue the set aside option....would be nice to know if peeps have been successful...it would boost morale

Chimp

wayne99

i doubt you will be able to have it set aside, normally a CCJ will only be set aside if paid within 30days of issue then you can apply to have it set aside - 5 years ? i dont think so iam afraid.
It will drop off your credit file next year anyway - 6 years from the date off issue.

fermi

wayne99 wrote: »

- 5 years ? i dont think so iam afraid.

Of course you can, if you have valid grounds to do so.

fermi

OP: When you moved address, did you inform the creditor that you had changed address? Can you prove it?

IMPORTANTLY though, if you didn't tell them of the change, they have done nothing wrong by getting the CCJ at your old address.

How to set aside a judgment in the county court

I did not get the court papers

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved).

If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

There are other grounds, see the link. However, they are mostly to do with cases where you would have had good cause to put in a defence against the claim itself.

xgingerx

Hi, i got my ccj set aside and STAYED (ie not to start the proccess of the ccj again , this was because i could prove i was living out of the uk when it was issued, i had also settled the debt in full.
However had i not settled the debt it would still have been set aside but no STAYED, which means the proccess of issuing the ccj can start again, note that getting a ccj set a side will only buy you a few months till they reissue it correctly

hope this makes sence.

FKJ

Hi All

Please could someone help me with a query I have? I apologise it’s a little long winded but would be very grateful for any input.
In August 2008 my (ex) boyfriend and I started renting a flat in London on a short hold tenancy agreement. In November of that year my boyfriend and I decided to split up and not renew our tenancy beyond the contracted 6 months.
A recent routine credit check advised a CCJ had been submitted against us by the landlord and an ‘Attachment of Earnings’ (AoE) applied to my salary for £100 per month. We never received any paperwork as was sent to the address we had moved out from.
The claim is for several things:
1. The landlord advised we hampered the efforts to show new tenants round, therefore are being sued for one months rent (we did in fact give access to the estate agent and on only one occasion refused entry as we were packing to move)
2. ‘Stolen’ kitchen equipment (the flat did not have any kitchen equipment and we did no inventory.
3. Unauthorised fixtures and fittings – small sky dish and we installed a telephone line (we sought verbal permission to install these – it was a condition of us taking the flat and agreed the dish would only be installed if in a discreet location)
4. Late rental payments (we refused to pay the last months rent upon discovering the untrustworthy landlord has not secured our deposit, we also paid our January month rent late with advance permission as we changed banks and separated accounts. The money claimed is far more than loss of interest its well over £100)
5. Painting fixtures. (We sought permission before hand and it was agreed. We used the same colour paint and was just to tidy up the grotty paintwork)
6. Damage to floors and wall. (we refute this, there was no damage)
7. Cleaning. (We thoroughly cleaned the property before vacating and it was in very good condition. In fact the property was so grotty when we moved in we had to spend an entire day cleaning and throwing out rubbish left from previous tenants)
We had several problems with the landlord throughout our tenancy. There was a mouse problem in the property, they were climbing up holes and biting through all our wires. The landlord ignored repeated requests to get this sorted and we paid for their removal.
Our deposit was not protected and we were not told until we requested the CPS serial number. The landlord advised he did not do this as found the system ‘inefficient’. We withheld our last months rent upon discovering this (we now know this to be wrong but the landlord admitted he was experiencing money problems)
We were very badly burgled (held up by knife point) the day after we moved in and asked for increased security upon realising the flat had problems with burglaries, the landlord agreed but never did this.
The lighting in the property did not work for one month. I repeatedly asked to get this sorted but only one attempt was made to get an electrician in with only one hours notice and as I was at work I couldn’t get to the property to let him in. The landlord ignored my requests after this. An electrician friend advised the wiring in the property was illegal (and the mice probably chewed through it)
Under what grounds do we apply to have the CCJ set aside? They all seem to relate to receiving the paperwork, however we want this set aside as the claims are false and we didn’t receive the paperwork.
I know we may not have handled this in the best way (withholding rent) but we are good honest people and this man has made our lives miserable by lying.
Any advise would be much appreciated. Am I best hiring a lawyer?
Many thanks in advance

Daisy_Duck

Hello FKJ

I can't advise you as it sounds like quite a specific query but I just wanted to say that you will get a better response hopefully from someone who knows about these things if you post a new thread. Your post has been added onto an existing thread so may not get seen.

FWIW, I think I would get advice from a solicitor about something with so many details.

Good luck with it.

DD