CCJ Advice - setting aside

scenic

Ok - Ill try and explain this the best I can.

Threes years a go I fell in to debt quite badly at university. I was at university as a mature student (26 at the time), trying to survive on a part time job. Things were tight financially, but I was determined to make it work. At the time I was single, renting a room near the university and my parents were unable to support me money wise, so I was going it alone.

It all went pear shaped in year two. I'd maxed on money and then out of the blue my dad was diagnosed with terminal cancer. He was given a short time to live, but held out for a year. Everything fell by the wayside. I was close to my dad and the time left was obviously precious.

I had to give up my part time job because it was weekends and I needed them to go back home. With no money coming in and with everything else going on, the debts racked up. I kept on top the best I could, but fell behind with the rent on my room. Before I knew it the landlord had taken me to court and I was issued with a CCJ. I'm sure there is something I could have done to avoid it, but at the time the whole year was just a blur of emotion.

When my dad died I set about getting on with life. University had become too costly with no money in. Luckily with the work I had completed, I was able to get a job I wanted and would enjoy. I'm still in that job today and I am doing well for myself. I left university around three years ago in about £14000 including the ccj in debt. As of next month the last bit of the debt is paid and I owe nothing. With my finances in order, I'm still however cursed with this CCJ.

To make sure everything is in order I obtained a copy of my credit file. To my horror I have discovered another CCJ. Here’s where I need the advice. I am thinking of applying to have one or even maybe both set aside and whether maybe I might have the grounds to do so.

CCJ 1 # Overdue rent £1800. I paid this CCJ off about a year ago is now marked as satisfied. Negations for payment with the landlord never really happened formally and he just took me court. Unfortunately because of the surrounding events I can't remember much as to how it all unfolded. Sounds daft I know, but at the time I had no money at all, so felt there was little I could do to contest it. Now I am thinking I should contest the way it was handled. However, as I have already paid in full, have I already hung myself?

CCJ 2 # Mystery £180 Parking fine. I have written to courts already a couple times to find out what this was about. I didn't own a car when it issued and it is against what was my parents address. The only thing I can think of was that it was my dads car, there was a fine occurred when I was driving and my dad submitted me as the driver. My mum can't drive and my dad was too ill to drive, so that would make sense. What happened there after is a mystery. I presume there were letters to my parents address, but with everything the way it was I just don't know. The amount is showing as currently active (unpaid). A bit of research shows to can apply to have a judgment sent aside if you weren’t living at the address at the time of issue. In this case I wasn't.

Sorry it’s a bit of an essay. I'm keen to here from others who have successfully set aside CCJs and what the proceedings were. The girlfriend and I want to get a mortgage soon and then get married in a year or so. With my credit record as it stands, it’s all a bit of a worry.

file_wizzard

CCJ #1 – was this issued “in default”, or did you submit an admission or part admission to the claim?

CCJ #2 – has the issuing court responded and advised who the claimant was?, and if so have you subsequently obtained exact details of the offence from the claimant?

scenic

file_wizzard wrote:

CCJ #1 – was this issued “in default”, or did you submit an admission or part admission to the claim?

CCJ #2 – has the issuing court responded and advised who the claimant was?, and if so have you subsequently obtained exact details of the offence from the claimant?

CCJ #1 I can't honestly remember, it was all a bit of haze. Is there anyway way of tracking back to find out. I'm pretty sure I signed to say I owe the money, so it would be an admission. But, like I said not 100% on that.

CCJ #2 The claimant is the coucil I guess. I have a letter from them stating they have no records of it other than its an outstanding ammount. Even they can't tell me what it's for. I'll post the letter up if it will help.

file_wizzard

CCJ #1 If you were sent the blue claim form and returned it to the court indicating an admission then I am afraid the order will remain on your file for 6 years from the date of order, albeit marked as satisfied now.

CCJ #2 if you honestly cant remember receiving the form, and you are confident that you can prove that on the balance of probability you were not resident at the address it was served to then I would strongly consider applying to the court for a notice of set aside to the original order, this will cost you £65 initially, but can potentially be claimed back depending on which of the following happens.


1. You make an application to the issuing court for a set aside notice and the claimant contests you application and will provide evidence to the court that they had reasonable cause to suspect you were resident at the address of service.

If they can do this, and you can not demonstrate that you would have been able to defend the original claim then the order will stand, it is important to note that non-service alone is not considered due cause to award a set aside.

The only circumstance where order will be set aside for non service is if the claim form is sent to a totally unrelated address, if it is sent to an address where the defendant is known to of resided then the onus will be on the defendant to prove that on the balance of probability that they were no longer resident at the time of service.


2. If the order was issued “in default” i.e you did not submit an admission, or attend the hearing, and that furthermore the claimant is unable to document their claim ( as you have suggested they cant find the paperwork) , they will therefore have little option but to allow the application to proceed.

N.b If this is the case and the claimant is unable to document their claim then you would reserve the right to ask the court to award costs.

scenic

Thanks - This is proving most helpful

CCJ #1 I think, reading through I might be stuck with. I will delve through some of my paperwork to see what exactly I received and hence what I would have replied to.

CCJ #2 Was definitely issued by default and they have no record of it. I will scan the letter and see what you think.