Satisfying a CCJ and application to set aside?

Astraeus

The sincerely hypothetical friend has herself in a bind.

She has had a CCJ entered against her in respect of unpaid utilities a shared student property in 2011. She became aware of the CCJ in 2014 after I advised that she obtain a credit report. I will not engage in the tedium of her defence.

I have agreed with the creditor a vastly-reduced sum in satisfaction of the debt, the outcome thus being production of a certificate of satisfaction. My research indicates the same to be the proverbial 'chocolate fireguard' when it comes to improving one's credit rating and, as such, I am minded to advise (for the sake of £155 plus any remittance on account of low income) that she pursue an application to set aside on the following grounds:-

1. Service was to a former address (though I appreciate this is insufficient in isolation);

2. The creditor claimed sums due to it for a period in which it was aware she was not in occupation;

3. The debt is now satisfied.

Has anyone chanced their hand before a district judge in such a fashion? I appreciate it is clutching at straws but the impact of a CCJ in respect of a £180 debt could be monumental as she seeks credit agreements.

Many thanks.

antonic

Please see my replies in RED

Astraeus wrote: »

The sincerely hypothetical friend has herself in a bind.

She has had a CCJ entered against her in respect of unpaid utilities a shared student property in 2011. She became aware of the CCJ in 2014 after I advised that she obtain a credit report. I will not engage in the tedium of her defence.

I have agreed with the creditor a vastly-reduced sum in satisfaction of the debt, the outcome thus being production of a certificate of satisfaction. My research indicates the same to be the proverbial 'chocolate fireguard' when it comes to improving one's credit rating and, as such, I am minded to advise (for the sake of £155 plus any remittance on account of low income) that she pursue an application to set aside on the following grounds:-

1. Service was to a former address (though I appreciate this is insufficient in isolation); Correct the N1 Claim form can be sent to her last known address and if not replied to Judgment in Default with Forthwith Payment can be requested

What she can do is ask for the Judgment to be set aside because it was sent to an incorrect address, and provide her current address to the Court.

The Judge can then set aside the judgment and start the process again, she then pays in full the amount the creditor wants and she has no CCJ and no debt.

The Court will then update the CCJ Register to show the CCJ has been removed

CCJs, court orders & fines - Search yourself and others - Trust Online

See above link for details

2. The creditor claimed sums due to it for a period in which it was aware she was not in occupation;

3. The debt is now satisfied.

Has anyone chanced their hand before a district judge in such a fashion? I appreciate it is clutching at straws but the impact of a CCJ in respect of a £180 debt could be monumental as she seeks credit agreements.

Many thanks.

Thrugelmir

Astraeus wrote: »

1. Service was to a former address (though I appreciate this is insufficient in isolation);

2. The creditor claimed sums due to it for a period in which it was aware she was not in occupation;

3. The debt is now satisfied.

All I would say is that Judges hate having their valuable time wasted.

Sometimes best just to move on. Learn from the experience.

Astraeus

antonic wrote: »

Please see my replies in RED

Exactly my thought process.

Thrugelmir wrote: »

All I would say is that Judges hate having their valuable time wasted.

Sometimes best just to move on. Learn from the experience.

On a point of principal I agree. As it comes to her looking at mortgage options, my advice has to be that she exhaust any option open to her including chancing her hand before a DJ.

My day job places me in front of DJs and HHJs almost every day of the week and, if the rise in litigants-in-persons in civil litigation has taught me one thing, it is that judge's, irrespective of their own convictions, have to dedicate a lot of their court time to dealing with time-wasters.

rizla_king

Astraeus wrote: »

2. The creditor claimed sums due to it for a period in which it was aware she was not in occupation;

Would all or just part of the amount have been defendable due to that? I assume just part because you reached a settlement?

Astraeus

rizla_king wrote: »

Would all or just part of the amount have been defendable due to that? I assume just part because you reached a settlement?

She ended up challenging on that basis and a reduction was agreed but, absolutely, it wouldn't give grounds for the CCJ to be discharged.

As an update, we wrote to the party concerned with entering the CCJ and asked for them to support the application to set aside the CCJ on a goodwill basis. Indeed they saved her the money and made the application themselves, leading to the CCJ being set aside on 16 December 2014.

A great result. :T