CCJ set-aside query - help, please

bugboy01

Hello, Money Savers,

Hope you are well, and I apologise in advance if this is a stupid question

I am writing on behalf of my partner; both of us are chronically ill – I'm her carer.

My partner has always paid her debts, until she was finished at work due to ill-health. In 2007 she suffered a heart attack. I was at home whilst she was in hospital and thus able to check the mail.

The question is to do with a CCJ that we only found out today exists, which was obtained either whilst she was in hospital or recuperating, and in any event without benefit of preliminary paperwork warning this was going to happen. It was also obtained on a debt on which token payments were being made.

Is there any point in trying for a set-aside after all this time? We never had court papers thus no chance to defend.

Many thanks for reading this and any advice. Thinking of seeing a solicitor as legal stuff is beyond both our intellects and stamina.

Best wishes to all,:)
B.

fatbelly

Are you saying that the ccj was granted in 2007? Has the creditor has continued to accept token payments from you?

The ccj will drop off your credit file next year and, if the creditor wants to use a method of enforcement, he would then need permission from the court (expected to act within 6 years on a ccj).

So I would not rock the boat at the moment and certainly would not contact a solicitor.

bugboy01

Thank you for your reply, FB, much appreciated.

Also cheers for being non-judgmental, sometimes dealing with debt, I feel like an idiot.

Because the debt is disputed, no payments have been made on it since May of 2011.