Setting aside a CCJ - genuine reason!

nick1986_2

Hi all,

Apologies if this is not in the right section but I wasn't sure where might be the best place to post.

I was after some advice on what to expect from a county court appearance I have next week to ask the court to set aside a CCJ. I have never had to do anything like this before and I have no idea what to expect or what I should prepare!

The background is as follows, I moved into a new flat in Jan this year and on the advice of the agent I offered to buy a few of the big items of furniture (bed, sofa etc) from the previous tenant as she was struggling to get rid of it and I needed them! We exchanged a couple of emails but I never met or spoke to her in person.

I paid half of the money into her account prior to moving in and was due to pay the remainder after the move was complete. The items weren't what I was expecting (sofa was torn, bed not in a great condition) so I emailed and said I didn't want them and she could collect or I would take them to the tip. Got no reply so forgot all about it.

A few months later I got a Northampton County Court claim pack through the post as she was claiming I owe the remainder of the money, I responded online as the pack recommended and I confirmed I dispute the claim and entered my defence. Heard nothing so forgot about it again until I got a judgement in default letter confirming the claim was decided in her favour as I didn't respond - this is honestly not the case!

I had a look online and downloaded the form to apply for the judgement to be set aside, as I am exempt for the £155 fee I guess Northampton couldn't be bothered with it and transferred it to my local county court and I am due in to appeal to the court next week.

So can anyone advise me what to expect? I still have the emails and a couple of photos of the torn sofa but not much else as it was just a casual arrangement. The amount in question is only £175 so I am thinking maybe I would have been better off paying it as I noted from the letter if I paid in full I could apply to have the CCJ removed from the register but out of principle I wasn't going to do that. Its causing a few issues for me as I had a fairly decent credit file but now its been shot to pieces by this CCJ appearing so I would be grateful for any advice?

sourcrates

There are a few experts on this forum, but I think you would get a quicker response if you posted on here instead :


http://www.legalbeagles.info/forums/forum.php


they are more geared up on the legal side of things.

National_Debtline

Hi Nick

If the hearing next week is simply to decide on whether the judgment should be set aside, it won't be about the specific evidence so much as whether you have the basis of a reason to get "another go" at responding to the claim.

Remember that setting aside the judgment doesn't wipe it out altogether - it simply rewinds the clock to the point at which the claim is issued. That would then give you the opportunity to defend it this time round - assuming the previous tenant continues with the claim.

By the way, it sounds from your post as if you received no "Letter before Action" from her. This is significant as it may mean she has failed to comply with the pre-court action protocols, and is something you may want to refer to if/when it comes to defending a reissued claim.

Good luck

Dennis
@natdebtline

theoretica

nick1986 wrote: »

Heard nothing so forgot about it again until I got a judgement in default letter confirming the claim was decided in her favour as I didn't respond - this is honestly not the case!

Can you prove this?

skater_kat

I've been to a set aside hearing this year at the county court, and the judge explained to me that the threshold for the judgement to be set aside is very low. in other words you just have to show some element of your side of things to cast any level of doubt on if the case is 100% watertight. you just go and state your point of view and why you think it should be set aside - you will probably suceed