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CCJ set aside

Hi

I have lived in Enfield and stayed at the same address for around 10years and recently received a ccj. I was about to move to Hertfordshire and begun changing my car/licence details but that fell through. I have always been registered on the electoral roll in Enfield and would have informed my debtors when I had moved but I didnt. They had sent the court papers to my address in Hertfordshire and as I wasn't living there hence I never received court papers and was given a ccj in my absence. The only way I can guess my debtors used my brief address in Hertfordshire is it registered my car/licence there. I just wanted to know whether you think I stand a chance if I decide to set the ccj aside?

Thanks in advance.

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's worth a try, it normally depends on how hard they tried to find you in the first place. With no updated licence and not on the electoral role at your new address it may be rejected as you weren't really in a position to be found. It's only a letter though so start writing.


    Do you have a case? If not there is not really much point other than racking up more legal costs for yourself.
  • well this is an interesting question , you say there was no other footprint apart from your car/licence? , did you contact a finance Co or a bank regarding any loans/finance on the car and tell them your new address?
  • Who has sought the CCJ? Do you owe them money?

    If you are trying to get off this with a technicality - I hope you fail.
    If you have been CCJ'ed in error I wish you well in getting it removed.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    Suggest you google "setting aside default judgment", perhaps start by looking at: http://www.findlaw.co.uk/law/dispute_resolution/litigation/pre_trial/defendant/500486.html

    Bear in mind that if you set the judgment aside, it merely winds the process back to the point of claim - giving you the chance to defend that you were denied earlier.

    If the CCJ was rightly given (but for your not knowing about it), there might be little point in going for set aside. On the other hand if you have a good defence (eg limitation), then it could be worth going for.
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