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CCJ court hearing advice
Andymaymsg
Posts: 4 Newbie
Hi
My husband recieved a letter a month or so ago, from a solicitors firm regarding a CCJ from 2013 which we had no prior knowledge of. All paperwork was sent to a previous address years after we moved. We didn't give our forwarding details to the company who believe he owes money to as we were not aware of any outstanding debt. A court hearing has been booked to have the CCJ set aside but despite a phone call to the courts we are very unclear on the procedure or what will be expected of us. The amount owing is only around £200. I am wondering if the solicitors will even show up- in which case can I assume the judgement will be set aside? The outcome I am hoping for is to have the CCJ removed from his credit file entirely, even if we are still required to pay the debt, which we can do so immediately (my understanding is that if we pay within a month of a CCJ being filed it will be removed from his credit report) ...as appose to us paying now and it showing as settled.
Any tips or advice on what to expect at the hearing would be very much appreciated. Thanks.
My husband recieved a letter a month or so ago, from a solicitors firm regarding a CCJ from 2013 which we had no prior knowledge of. All paperwork was sent to a previous address years after we moved. We didn't give our forwarding details to the company who believe he owes money to as we were not aware of any outstanding debt. A court hearing has been booked to have the CCJ set aside but despite a phone call to the courts we are very unclear on the procedure or what will be expected of us. The amount owing is only around £200. I am wondering if the solicitors will even show up- in which case can I assume the judgement will be set aside? The outcome I am hoping for is to have the CCJ removed from his credit file entirely, even if we are still required to pay the debt, which we can do so immediately (my understanding is that if we pay within a month of a CCJ being filed it will be removed from his credit report) ...as appose to us paying now and it showing as settled.
Any tips or advice on what to expect at the hearing would be very much appreciated. Thanks.
0
Comments
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National Debtline have a factsheet
https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
The details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made
If you're happy to pay this, then you just put on the claim form that you are defending it on the grounds that it's paid0 -
Expensive way to do it.
£255.00 court fee for the set aside application, for a debt of £200, with no guarantee of success.
Is a clean credit file that important to him ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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