CCJ Set aside hearing.

bushberto

Will do. Thanks for you help

bushberto

Well got to the hearing and the judge had a letter from Capquest agreeing to have the CCJ set aside. The judge said i now needed to file a defence? So what do i need to do now? I assume the ccj has gone?

fatbelly

If the ccj HAS been set aside (and the court should confirm this) then you get the opportunity to present your defence. I would assume that the claimant has to re-present the particulars of claim first. You may have to ask the court staff - I admit I haven't got one to this stage!

From National Debtline:

What happens to a judgment that is ‘set aside’?
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.

Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.

DVardysShadow

fatbelly wrote: »

If the ccj HAS been set aside (and the court should confirm this) then you get the opportunity to present your defence. I would assume that the claimant has to re-present the particulars of claim first. You may have to ask the court staff - I admit I haven't got one to this stage!

From National Debtline:

I was puzzled, but you have made it clear. Personally, I would not assume that the claimant has to re-present the claim - possibly the original claim stands. OP needs to find out from the court whether he is defending against the old claims or must wait for new claims.

billypre

Keen to see how this pans out as i am in a very similar situation. I received a decree (scottish CCJ) in 2008 and i now believe the debt should have been statute barred. Awaiting SAR request of full details before my next move.

Good Luck bushberto, i for one am rooting for you !!!

fatbelly

DVardysShadow wrote: »

I was puzzled, but you have made it clear. Personally, I would not assume that the claimant has to re-present the claim - possibly the original claim stands. OP needs to find out from the court whether he is defending against the old claims or must wait for new claims.

That's what i'm not sure about - the OP said he had never received the original claim. Really he can't be expected to present a defence until he knows exactly what is being claimed.

Hopefully he'll find out and educate us both!

myright

I wish I could offer some help, but I'm pretty much !!!!!!ed up myself with a similar situation. Good luck though.

Nice name fatbelly lol

bushberto

How ludicrous is this - i rang the court to ask why i did not receive any of the paperwork to do with my hearing (i had to ring them up to get all the details) their response - "because capquest made the original claim against me at my old address, this is where all the paperwork has to be sent - even tho they know i live somewhere else. Until i submit in writing that i have changed address (which was all over my form that i sent in to get the ccj set aside and one of the reasons i was applying) they have to send all correspondence to my old address. i have told the court staff over the phone 3 times where i live and they kept saying they would reissue the documentation, they never told me to write in!

fatbelly

bushberto wrote: »

How ludicrous is this - i rang the court to ask why i did not receive any of the paperwork to do with my hearing (i had to ring them up to get all the details) their response - "because capquest made the original claim against me at my old address, this is where all the paperwork has to be sent - even tho they know i live somewhere else. Until i submit in writing that i have changed address (which was all over my form that i sent in to get the ccj set aside and one of the reasons i was applying) they have to send all correspondence to my old address. i have told the court staff over the phone 3 times where i live and they kept saying they would reissue the documentation, they never told me to write in!

Welcome to the English legal system!

bushberto

OK i now have to submit form N9B to defend the claim. I have finally managed to get the details out of capquest - the last payment/acknowledgement of the debt from me was on the 1 June 2002, and the claim date to the court was 19 August 2008. My defence will be that the debt is statute barred. Am i right in thinking that this is the winning blow? By the way i've checked my credit score - which is now 999 (perfect!) as the ccj has been removed! ~(wrote to all credit agnecies enclosing copy of the set aside)