How to appeal CCJ?

Arleen

What do you mean by proceedings? That they filled in the claim, or that there was a hearing? And when was the CCJ issued? I'm trying to help you mate, but you can provide the basic facts I've asked for before?

MSant

Apologies Arleen, it's more a case of a lack of knowledge of the specific terms on my behalf here.

The exact wording was:

"As a County Court Claim has been issued on 21 September 2016, you should read this fully and reply to the claim."

Judgment date according to my credit record was 03/11/2016.

Arleen

Okay, that is great for you. If you can prove that you've contacted them on 27.09 and be willing to pay (phone records, bank statements, etc. ) but they've told you to go away and respond on form, then you may have grounds for set aside. Courts want people to settle without bothering them, and while it is your fault not to give them a new address or set up mail forwarding, for them to ignore settlement just because it didn't come through the form is not reasonable.

I would start by writing to the debtor, laying down those facts and simply ask will they consent to have the CCJ removed if you apply for a set-aside. As you've been paying since, there is no doubt about liability and that you will continue, and that would be a nice gesture on their side as they were also partially at fault here. Offering to pay the rest in full, right now, goes a long way for settlements like this.

They may agree or not, either way, you will have to make a claim for set-aside and pay the fee. If they don't agree with the above letter, then it will be up to the Judge. There are no guarantees that he will grant it, don't think I've seen a case with this type of grounds before, so decide for yourself whether it's worth the 255 quid to try and clean your file.

PixelPound

The SAR may be key here on what you told them on 27th. Bear in mind it can take a while as they need to transcribe the audio recordings. Did you give them the new address then?