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Set aside CCJ
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Vxrlad
Posts: 23 Forumite
Evening all
Had a CCJ issued to me back in December 2012 which has only come to light from recently looking at my credit report and was something for £123.I never received any paperwork or confirmation that the CCJ had been issued to me so upon taking advice from National Debtline I put an N244 application into the court to have the CCJ set aside.
Since my application I have had a letter from Northampton county court stating they were transfering the case to Harrogate county court and would receive notice of time,date and place of the hearing.I have now received a letter today with another notice of transfer of proceedings but this time to my local county court.Also in with the transfer was a 'General form of judgement or order'
Before the district judge at Harrogate county court
Upon the courts own motion.The court has made this order of its own initiative without a hearing.If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it.
It is order that
The defendents (me) application to set judgement aside be transferred to his home court.
Any ideas what this is all about and is it looking promising ?
Had a CCJ issued to me back in December 2012 which has only come to light from recently looking at my credit report and was something for £123.I never received any paperwork or confirmation that the CCJ had been issued to me so upon taking advice from National Debtline I put an N244 application into the court to have the CCJ set aside.
Since my application I have had a letter from Northampton county court stating they were transfering the case to Harrogate county court and would receive notice of time,date and place of the hearing.I have now received a letter today with another notice of transfer of proceedings but this time to my local county court.Also in with the transfer was a 'General form of judgement or order'
Before the district judge at Harrogate county court
Upon the courts own motion.The court has made this order of its own initiative without a hearing.If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it.
It is order that
The defendents (me) application to set judgement aside be transferred to his home court.
Any ideas what this is all about and is it looking promising ?
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Comments
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As I understand it, this is standard procedure for hearing cases where one party is not represented (you). The case has simply been transferred to your home court.
The technical term for you is Litigant in Person.
I don't know if this is promising or not - I don't know if the process so far will have needed the merits of the application looking at.BSC No 248
Free, confidential advice
National Debtline 0808 808 4000 | StepChange 0800 138 1111 | CAB - Get Advice
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generally courts will work with you to make sure that any hearings that you have to attend are in your local county court to minimise any costs in travelling to the court. That is all they have done here0
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sounds like they are just balancing the workload between courts if you didn't ask for it to be transferred.
it just means you are in a different, possibly shorter queue0 -
The Civil Procedure Rules state that in these circumstances proceedings should automatically be transferred to the defendants home court.
It is perfectly normal.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Got to go court on 11th December now any advice ?0
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CCJ now set a side and was wondering what next ? They said that they are going to request defence from the claimant then once that is done me the defendent put my defence in,what do you recommend ?0
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Had my ccj set aside this afternoon which was really happy about the ccj was for £35 but after fees etc was £123 so now just waiting for claiment defence then once that is received I put my defence in.
What is the best thing to do now ?0 -
it and see if and what they put in. You can only respond once you know what they have to say. It's a bit of a waiting game now0
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Was just going to pay it and get rid of it0
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Well done getting your set aside.
While there are some experts here that know the ropes, MSE is not set up to offer legal help and advice.
Personally I would post up a thread on Leagalbeagles or the legal issues form on CAG. They are both set up for legal advice.
Your defence needs to be spot on and based on the opponents POC. You will have a feel now for how structured the procedures and timelines are - it is important you comply with these or you risk them getting judgment by default and a costs order too.
EDIT - LOL - per your other thread you could just pay them the £35. Much simpler.BSC No 248
Free, confidential advice
National Debtline 0808 808 4000 | StepChange 0800 138 1111 | CAB - Get Advice
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