📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Setting Aside - CCJ - ALmost there but not quite!

I have a problem with setting the decision aside.

I have a situation where the claiment is willing to drop the CCJ against me, IF ONLY the court writes to them. As there was an error in the debt in the first place.

The debt has been paid to them and the CCJ is now 'satisfied'

However I missed the SET ASSIDE time limit and I dont qualify for the mandotry reasons. The only thing is that I wasn't clear at the time I had to reply to the court within a month. ( I know that is a VERY WEEK CASE and know it wont stand).

Is there any other way? Is there any possible defences?? :o

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    You've already had a lot of replies on previous threads. You don't have a case to have it set aside as you received the court paperwork and didn't respond. You even say that you know that your case won't stand. I don't think you are going to get any other responses to the ones you have already have.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • myright
    myright Posts: 689 Forumite
    thanks trixy. my intial threads were about what the situation with me and the LEA/ uni was. But now I need to know if I have a case or not. I'm douubting it. But it's worth a shot. I have nothing to lose. Is there anything I can atleast try to get the decision. Like I said I have nothing to lose.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Personally I don't think you have a case. The money was owed at the point the CCJ was granted, and you received the court papers at the time and did not respond to them or try to defend your case at the time.

    As I've suggested previously - did you ever contact national debtline for some advice on whether they think a set aside application would be successful?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • myright
    myright Posts: 689 Forumite
    Tixy wrote: »
    Personally I don't think you have a case. The money was owed at the point the CCJ was granted, and you received the court papers at the time and did not respond to them or try to defend your case at the time.

    As I've suggested previously - did you ever contact national debtline for some advice on whether they think a set aside application would be successful?

    hi
    I did at the time. They informed me that they couldnt advice me on the legal side of things and could only help me with debt management etc. They told me to ring community legal advisors, which i did. They informed me that it could be possibly overturned, depending on the JUDGE.

    I am goign to still apply for it. Just need one reason why I didnt reply sooner at them time. Even if it's crap. Better than nothing.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.5K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.