CCJ set aside

Quimoi

dayc1978 wrote: »

Do you think I will get it set aside because of irwin Mitchell holding me back from paying though?

I would say very likely not although ultimately up to the magistrates/judge to decide whether that was a 'good reason'.

There's no requirement for letters in proceedings to be sent recorded - papers sent first class are deemed to have been served on the second business day after posting.

Before the CCJ would have been issued you will have been sent a notice of service requiring your response as to whether you intended to defend the claim. If you didn't respond to that then a default judgement would probably have been awarded to the claimant and hence the CCJ.

If you did not receive the notice of service (and had no knowledge of the claim against you before the CCJ was issued) then this is a valid reason for applying to have the judgement set aside. This is not 'blaming the court' - lost/incorrectly addressed post is simply a fact of life. Ideally the claimant will have used the wrong address for you on the claim form (I saw something about the wrong address mentioned on the thread?) but failing that you just need to be as credible as possible when telling the court that you didn't receive it.

Important to note (and I'm not in any way doubting your honesty here) but lying to the court about this is regarded as perjury and would end you up in the Crown court with potentially (up to) an unlimited fine and seven years imprisonment.

If the judgement was awarded because you did acknowledge the claim but then failed to respond to a subsequent step in the process (i.e. failed to file a defence, failed to return directions questionnaire etc.) then you will not get it set aside.