CCJ Setaside chance

jason_wallace

Help needed....
CCJ appeared on my credit file with Experian long and boring story so won't go into details

Didn't have any idea about the dept..papers sent to previous address..now the company who sent it were in contact with me at the address I lived at but at no point did they ever mention the above unknown ccj issue to me or mention the 2nd account

The ccj is now 4 years old
Do I have to suck it up cupcake for another 2 years?
Or is the chance of getting it setaside very slim due to time past?
Just need to understand my options if I have any options at all

jason_wallace

Help needed....
CCJ appeared on my credit file with Experian long and boring story so won't go into details

Didn't have any idea about the dept..papers sent to previous address..now the company who sent it were in contact with me at the address I lived at but at no point did they ever mention the above unknown ccj issue to me or mention the 2nd account

The ccj is now 4 years old
Do I have to suck it up cupcake for another 2 years?
Or is the chance of getting it setaside very slim due to time past?
Just need to understand my options if I have any options at all

sourcrates

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.

As four years have passed, you would need a very convincing reason why you haven't raised the issue before.

There is a fee of £255,00 for a set aside, so think very carefully if you have sufficiantly good reason to proceed.

Arleen

Even if you were granted set aside (unlikely given the few details you shared), that doesn't mean the case is over. They can, and likely will, sue again, and if they win and you cannot pay within 30 days, counter will reset.

National_Debtline

Hi Jason,


Unfortunately, court papers are only required to be sent to the last known UK address, so if you moved and didn't tell them, I am afraid that is why you missed the paperwork, and that alone is unlikely to be suitable grounds for a set aside.


They can enforce the CCJ with standard court action for 6 years from the date of judgment. This would most commonly include things such as bailiffs, attachment of earnings orders and charging orders on property (if applicable). A CCJ can be enforced after 6 years but they would need the courts permission to do so.


Depending on your overall circumstances, you may want to look to vary the CCJ to pay instalments that are manageable. This can be done with an N245 and can cost up to £50 to do. Good luck,


Laura
@natdebtline

fatbelly

Hi

It's not clear from your post whether you owe this money. If you don't then you should get judgement set aside to give you chance to lodge that defence.

If you do owe the money then there may not be much point. It's only going to be on your file for 2 more years.