Mortgage with ccj's

Thrugelmir

gazfocus wrote: »

After proving that I had given them my new address prior to the papers being issued they had to get the CCJ set aside.

That's not my point. There's considerable activity involved prior to taking court action for a judge to be satisfied.

Thrugelmir

I suggest YOU read and inwardly digest.

This is the relevant section. That needs to be considered. As GazFocus illustrates it is possible to set aside judgements.

Judgment set aside
If you genuinely disagree with a CCJ, you can ask the court to ‘set it aside' for a fee.

If this happens, the CCJ is removed from the Register. This doesn’t necessarily mean the case is over – it just goes back to the start, and the creditor will have to submit the court forms again.

If you don’t have a genuine reason for wanting the case set aside, or the court thinks you are wasting its time or lying, you could face fines or even a prison sentence.

You also have to pay a fee of £75 to apply to have a judgment set aside.

Reasons to set aside

The main reason a court will set aside a judgment if there’s been a mistake, such as a default judgment when you had sent back the form asking for more time.

If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address.

Likewise, if you missed the hearing, the court will want a good reason before setting the judgment aside.

DVardysShadow

Thrugelmir wrote: »

That's not my point. There's considerable activity involved prior to taking court action for a judge to be satisfied.

Come on then.

Plaintiff makes a complaint to a court and gives the court a previous address for the defendant, who does not get the papers.

You are confident enough of your own ground to tell me to read up. So it won't be any problem whatsoever for you to explain the steps a judge goes through to be anything other than satisfied to rubber stamp a default judgement when the defendant does not enter a defence through not being served papers.

Come on, you can do it, you are telling other people to read up.

Thrugelmir

DVardysShadow wrote: »

So it won't be any problem whatsoever for you to explain the steps a judge goes through to be anything other than satisfied to rubber stamp a default judgement when the defendant does not enter a defence through not being served papers.

The plantiff has to enter a case. List all actions taken to recover the debt. There's no automatic rubber stamping.

Taking court action is a last resort. In many instances it doesn't recover the debt in full immediately or sometimes at all.

DVardysShadow

DVardysShadow wrote: »

That is a very moral take on it. Sometimes CCJs arise when creditors send papers to wrong addresses.

Dee Cee, did you know about these CCJ's being applied for at the time? Sometimes CCJ's can be set aside.

Thrugelmir wrote: »

Suggest you thoroughly read on CCJ's and the steps that must be taken before a judge will grant one.

Thrugelmir wrote: »

This is the relevant section. That needs to be considered. As GazFocus illustrates it is possible to set aside judgements.

Thrugelmir,

• I stated that CCJ's could arise through papers being sent to wrong addresses and I even stated that CCJ's could be set aside
• You implied that I was mistaken and you told me to read up
• I demonstrated that CCJ's could easily arise though paers being sent to the wrong address
• Now you respond to that by saying that CCJ's can be set aside

Were you wasting my time when you suggested that I should read up on this? Don't you think it is time to climb back in your box?

Thrugelmir

DVardysShadow wrote: »

Don't you think it is time to climb back in your box?

No issue for me. I just put people like you on ignore. As I don't waste my time with people that are unable to debate and discuss in an adult fashion. That Merely resort to playground name calling to make an impact.

PS. I trust you'll do likewise.

DVardysShadow

Thrugelmir wrote: »

The plantiff has to enter a case. List all actions taken to recover the debt. There's no automatic rubber stamping.

Taking court action is a last resort. In many instances it doesn't recover the debt in full immediately or sometimes at all.

Plaintiff: We allege that Defendant of <old address> owes us £951.42 on an order for a barrel of monkeys ordered to be delivered to <old address> for a total price of £3805.68. The barrel of monkeys was delivered on <date>. 3 installments of £951.42, totalling £2854.26 have been received, leaving £951.42 outstanding since <due date of last installment>. We have written to plaintiff 3 times at <old address> requesting payment and have received no acknowledgement.

Defendant: [Nothing - did not receive papers]

Judge: Plaintiff has made good case. No defence has been offered. Default judgement granted.

DVardysShadow

Thrugelmir wrote: »

No issue for me. I just put people like you on ignore. As I don't waste my time with people that are unable to debate and discuss in an adult fashion. That Merely resort to playground name calling to make an impact.

PS. I trust you'll do likewise.

Perhaps you would drop telling people to read up something when they are plainly correct. It is not adult, it is offensive. You are hardly on good ground to be in a huff.

And as for wasting your time, I think you wasted enough of mine by telling me to read up.