Help CCJ Just appeared!

us,thecat&thedebt

sammy115 wrote: »

Yes but why pay the court charges if you don't have to. Get it set aside and then pay the original outstanding amount, without the court costs....

can i do that? and if so how?

sammy115

I'm not sure, but if they have made a mistake then i would fight to have the judgement removed. Why should you pay for their mess up!

mightymouse

Hi

You should be able to have the judgement set aside or if you are in time pay it and it will not be registered against you i.e. ccj

as regards costs it could be argued that you knew it was to pay wherever you live and the summons would probably be reissued to the correct address.

sammy115

But shouldn't a warning letter have gone out first, or maybe it did and it went to the wrong address?

mightymouse

Hi

Pre action protocol says to issue 'warning' of court action but summons can be issued without.

It should be possible as you say to simply have it set aside transfer it and then get a local court date for a hearing then argue that as there was no warning ask for the costs to be refused

The point is that it will take time and with still one further month to settle before judgement is entered.

fatbelly

You use an N244 to apply for set aside and, unless you qualify for exemption or remission there is a fee for this. I think it is £65. There's a factsheet at

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court