n244 application to set aside ccj

ccdixon

hi, i am in the process of completing this form to set aside a ccj
the ccj was registered in 2011 and i became aware of it by checking my credit file in 2012. i panicked and immediately contacted the court to see who i owed the money too and i started making monthly payments

i recently discovered that if i didnt receive the papers for the claim that i could have the ccj set aside and i would like to do this for obvious reasons

my questions though:
I still owe the company £6000 i dont know exactly what for as i never received the papers but i am fairly confident it is all my debt... would i have a better chance of having it set aside if the debt was clear because the company have told me they wont contest it if i clear the debt??

would i have a better chance of having it set aside if the debt was clear and i submitted an order of consent signed by the company?
or
would i have a better chance not paying the debt and pretending i want a chance of defending the claim like does paying it admit guilt and spoil your chances ?


please help

sourcrates

Hi,
Ok, there is no set time limit to apply to the court for a set aside, but the court would take into account weather your application was made promptly.

I think, personally, after 4 years you will be wasting the £155.00 court fee.

The CCJ will be off your file in less than 2 years, even if you were successful in setting it aside, all they have to do is reissue the court papers, and you are back to square one again, this would also re-start the 6 year clock.

Must better to keep up with the payments, and save yourself the bother.

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment

ccdixon

thank you for your reply

i am wanting to get a mortgage so waiting is really something id like to avoid

do you think they would still ignore it if it was presented with an order of consent??

i dont think they will re issue the court papers as i am willing to pay off the full debt

absolutereturn

ccdixon wrote: »

hi, i am in the process of completing this form to set aside a ccj
the ccj was registered in 2011 and i became aware of it by checking my credit file in 2012. i panicked and immediately contacted the court to see who i owed the money too and i started making monthly payments

i recently discovered that if i didnt receive the papers for the claim that i could have the ccj set aside and i would like to do this for obvious reasons

While it is possible to apply for set aside if you hadn't been aware of the existence of the CCJ, the fact that you started making payments in 2012 would be enough to show you were aware of the judgment back then yet you didn't apply for set aside.

You should also bear in mind that not receiving the papers is just one requirement, the other is to have a viable defence to the claim. As you have been happily paying all these years, it doesn't look like you don't think you should be paying this debt.

ccdixon wrote: »

my questions though:
I still owe the company £6000 i dont know exactly what for as i never received the papers but i am fairly confident it is all my debt...

Which company is that? £6,000 is a lot of money to say it's all your debt without knowing what it's for! :eek:

ccdixon wrote: »

would i have a better chance of having it set aside if the debt was clear because the company have told me they wont contest it if i clear the debt??

would i have a better chance of having it set aside if the debt was clear and i submitted an order of consent signed by the company?
or

The court could still object to set aside a CCJ by consent on the basis that this is an attempt at credit repair.

ccdixon wrote: »

would i have a better chance not paying the debt and pretending i want a chance of defending the claim like does paying it admit guilt and spoil your chances ?

I'm afraid it's a bit too late for that now.

sourcrates

ccdixon wrote: »

thank you for your reply

i am wanting to get a mortgage so waiting is really something id like to avoid

do you think they would still ignore it if it was presented with an order of consent??

i dont think they will re issue the court papers as i am willing to pay off the full debt

With the greatest respect, that view is a little nieve.

You have been paying this judgement for 4 years, plenty of time to challenge it.

To be blunt, you don't stand a chance of having this set aside now, and your confidence the creditor won't re-issue papers is misplaced, sorry, but I think you'll have to put the mortgage on hold for the time being.

ccdixon

thanks again for taking the time to reply

perhaps i am very naive

i really dont think many people out there new you could defend a ccj after finding out about it a year after it is issued

i only just found out that i could do this through the process of speaking to others.

also couldnt my defence be that i wasnt aware of the default notice and had i been i would have settled the debt before it became a judgment and that a judgment is unjust due to this

thanks

sourcrates

ccdixon wrote: »

also couldnt my defence be that i wasnt aware of the default notice and had i been i would have settled the debt before it became a judgment and that a judgment is unjust due to this

thanks

That's not something the court would look at, you would be wasting your time and money.

If you want free advice on this, phone National Debtline, or post on legal beagles, who are more geared up on legal issues :

http://legalbeagles.info

But I suspect you will get a similar responce.

absolutereturn

ccdixon wrote: »

i really dont think many people out there new you could defend a ccj after finding out about it a year after it is issued

i only just found out that i could do this through the process of speaking to others.

Sadly many people don't even know you can defend a claim, full stop.
Claims are not sent recorded delivery so there's no guarantee they will reach the defendant, that's the reason why it's possible to have CCJs set aside but you can't say you weren't aware of this CCJ if you made an arrangement to repay it back in 2012.

ccdixon wrote: »

also couldnt my defence be that i wasnt aware of the default notice and had i been i would have settled the debt before it became a judgment and that a judgment is unjust due to this

Since you mention a default notice you must know what the debt, DNs only apply to debts regulated by the Consumer Credit Act. Not being aware of the DN is not a defence, you'd have to make an assertion that one was never sent and that would be easily countered by the creditor because they would have an entry on their database stating that one was sent out. Much easier to make a case when you DO have a DN that's not compliant with the requirements of the CCA. Also to be compliant the DN should have asked you to pay the arrears to that point and not to settle the debt in full. You'd have paid the arrears and then gone back to contractual payments.

sourcrates wrote: »

or post on legal beagles, who are more geared up on legal issues :

http://legalbeagles.info

But I suspect you will get a similar responce.

He would since I used to post on almost every CCJ thread on that site. :cool:

ccdixon

thank you for taking the time to reply...
i have done some digging and have discovered that the ccj is for a loan i had with hsbc
i have since won a ppi refund for this loan of approx £4000 .... could i use this as a defense stating that the ccj is inaccurate as much of the debt i owed would have been for ppi payments too and these should not have been taken from me as they were mis sold and this has been proven and accepted by hsbc the original people who i owed the money too. these then sold the debt to dlc

now so your aware the ppi was paid to me as the debt was already sold by hsbc however the debt was wrong in the first place as the ppi that forms part of the debt was mis sold ... could this have the ccj set aside??

thank yous again

sourcrates

ccdixon wrote: »

thank you for taking the time to reply...
i have done some digging and have discovered that the ccj is for a loan i had with hsbc
i have since won a ppi refund for this loan of approx £4000 .... could i use this as a defense stating that the ccj is inaccurate as much of the debt i owed would have been for ppi payments too and these should not have been taken from me as they were mis sold and this has been proven and accepted by hsbc the original people who i owed the money too. these then sold the debt to dlc

now so your aware the ppi was paid to me as the debt was already sold by hsbc however the debt was wrong in the first place as the ppi that forms part of the debt was mis sold ... could this have the ccj set aside??

thank yous again

In a word, No !!!


Frivolous applications to set aside judgments will cost you money and are unlikely to be accepted.

If you don’t have a genuine reason for wanting the case set aside, or the court thinks you are wasting its time or lying, you could face fines or even a prison sentence.

These are the main/only, reasons to get a set-aside :


The main reason a court will set aside a judgment is if there’s been a mistake, such as a default judgment when you had sent back the form asking for more time.

If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address.

Likewise, if you missed the hearing, the court will want a good reason before setting the judgment aside.


Advice given previously still stands.

ccdixon

update here:

hearing granted for march

solicitors of the claimant have sent letter stating that they will oppose this
however if we pay debt and settle it that they do not want to oppose it ...

so if i do this then attend court and they dont oppose the set aside will the judge grant it or is he just more likely to or will he still just say no even without any opposition??

thank you all again for your knowledge