CCJ that has been set aside - next actions

paul9871

Hi,

I found out some months ago i found had a CCJ against my name that i wasnt aware of, so I called the court did some investigation. I found out it was in relation to a park collision that i was involved in.

At the time this went through the insurance, and they agreed equal responsibility for it (both parties insurance company's). However the other party disagreed. They put a claim in against me at my old address, i then moved house and knew nothing of the proceedings.

I put an application for the judgement to be set aside which was approved. The judge said this was on the basis I wasn't aware of the case taking place and I had a credible defence as my story is constant.

After the judgement being set aside hearing the claimant, approached me saying do you wish to pay before this proceeds. Should he even be doing this? And can this even be a way out?

Im thinking as i don't want the stress and hassle, the sum is for around £500. I am currently in 2 minds now can i just pay him to get him off my back or fight it as i have a case as the insurance offered them an equal responsibility which they declined. I do not accept responsibility though. Or does it now have to go to another hearing regardless? He also said he is only putting a claim in due to the half not covering the excess which i think is unbelievable to think they are above the insurance company.

Thanks

chanz4

why are your insurance not dealing?

rizla_king

Set aside just takes it back to the stage before judgement was given. Up to them whether they want a fresh hearing to try for a judgement again.

You have to decide how good your case is and how much hassle you want.

bris

Insurance are not very good at assigning blame and just take both parties word for it and split liability.

The other party thinks he has a good enough case to go to court so that's what he did and will do again.

If you think he is wrong then defend the claim, the judge will then decide the outcome on evidence presented as well as balance of probabilities and the apportion blame.

Now if you do defend the claim you may very well win if you have a good case but if you don't the worst that can happen is you are ordered to pay the £500 which is what you are thinking of doing any way. But remember you will not get a CCJ if you lose and pay up, CCJ's are only given when you refuse to pay.

paul9871

Oh right i wasn't aware of that. I'll fight it anyway then as I can pay the £500 no bother if i loose. And the insurance companys where involved at first but something seems fishy on there side, the judge questioned many times why aren't they using there insurance. I think there excess may be sky high or something, which isn't my fault. So I feel i have a decent case. I don't see why the judge's outcome will differ to that of the insurances company's.

Hoploz

Can I please ask how long it took to sort out the ccj? I have discovered one on my file I didn't know about and am in the middle of buying a house and need it set aside.
Thanks