Requesting a CCJ to be set aside - advice on court process please

chloecc

Good morning all,

I am in court tomorrow for a hearing to have the I believe incorrect CCJ that has been issued against me set aside.

I have all my papers / email and correspondence trails printed out, and of course the court and claimant and myself have a copy each.

I am really scared as the only times I have seen a court room is on television. What can I expect? As they already have the papers, will i Just be asked my 'side of the story' or will it just be a stamping of papers? I have asked my dad to come with me. Will he be allowed in the room with me?

Sorry for all the questions, I would be grateful of anyone's help.

Thank you

National_Debtline

Hi chloecc

TV depictions of court rooms will not give you much useful guidance on what to expect tomorrow - chances are you will find yourself in something more like an office meeting room, sat at a table. Do not expect to see any wigs or gowns!

Ideally, if you plan to bring your father along as a "McKenzie friend" it is good practice to inform the court in advance, and for your father to prepare a short statement explaining that he understands his role and confirming that he has no direct interest in the case itself. Individual courts may take a more relaxed approach, but at the very least I think you should give them a call today as a heads-up.

There is a good likelihood that you will be asked questions at the hearing. The court could have already granted your request without a hearing if they felt that the judgment should be automatically set aside. They may want to get more of a feel for whether you have genuine reasons for wishing to defend the claim. It sounds as if you are well prepared having printed out all of your correspondence, which is good.

Good luck

Dennis
@natdebtline

chloecc

Thank you very much for the response. I intend on flagging up the dates etc with post it notes so I can quickly refer to the dates at which the claimant company started issuing the claim / fees etc.

I think the reason for the hearing is because I requested one having not received the initial judgement hearing and having incorrect amounts being claimed for against me - so this is probably why it has not been automatically waivered

Thrugelmir

Why didn't you defend the original application?

chloecc

Because I didn't know about it until I checked my credit report online.

The judge said I satisfied her that they incorrectly issued it and I WON - for now. She said they may still fight back but she's agreed to set it aside and told them they must pay my costs!

I was scared but kept my files in order. So glad it's over.

The claimant didn't even turn up!! So she was also cross about that.

Thanks for your help :-)

National_Debtline

chloecc wrote: »

Because I didn't know about it until I checked my credit report online.

The judge said I satisfied her that they incorrectly issued it and I WON - for now. She said they may still fight back but she's agreed to set it aside and told them they must pay my costs!

I was scared but kept my files in order. So glad it's over.

The claimant didn't even turn up!! So she was also cross about that.

Thanks for your help :-)

Good news, well done. Now it's a matter of seeing whether the creditor re-issues the claim - keep us posted if that happens.

Out of interest, did your father accompany you in the end and if so, was the court accommodating towards him?

Dennis
@natdebtline

chloecc

I've sent them cheques for the balance of what I agree I owe them and they are yet to bank them.... so we shall see.

He did accompany me but only to the point of the waiting room. I had to dit with the judge alone.

Thank you,