CCJ and my Credit Score- All correspondence sent to address from 2013

zebrarose

So is the hearing and procedures I am thinking of before they get a default? When the defendant actually receives correspondence?

Quentin

If a defendant ignores the claim for 14 days after service then the claimant can ask for judgement in default.

This is why defendants who gets ccj against them when they were not aware of the claim can apply for a set aside and have their day in court should the claimant want to start the process again

zebrarose

Omg, I've been looking for Saggi's post everywhere... why cant I find it?
Could someone please post a link?

waamo

https://forums.moneysavingexpert.com/discussion/5585047

https://forums.moneysavingexpert.com/discussion/5581374

zebrarose

You are a star.
I have no idea why I wasn't able to find it.
Thank you!

zebrarose

So at this set aside hearing do I have to prepare a defence or just go with a copy of everything I originally sent in?

Loadsofchildren123

Set aside you have to show a good reason why it should be set aside, which then starts the clock again. You don't move straight to a full hearing - that will take place another day.


For the set aside, you have to show that you've acted quickly once you found out, that you had acted reasonably in not dealing with the proceedings, and that if allowed to defend you'd have a reasonable prospect of succeeding.

zebrarose

Loadsofchildren123 wrote: »

Set aside you have to show a good reason why it should be set aside, which then starts the clock again. You don't move straight to a full hearing - that will take place another day.


For the set aside, you have to show that you've acted quickly once you found out, that you had acted reasonably in not dealing with the proceedings, and that if allowed to defend you'd have a reasonable prospect of succeeding.

So I just arrive prepared to speak to the Judge referencing all the documentation I handed in. I will bring in 2 copies of everything I handed in.


The only thing is I wasn't able to act very quickly to apply for the set aside. The main reason was that I was not able to afford the £255. As soon as I found out about the HWF being so quick and easy (I did it online), I handed it in immediately.


Reasonableness with not dealing with the initial proceedings is they were using the wrong address.


And then the reasonable success if able to defend are all the reasons I put in my Statement (which I utilised from Loadsofchildren).


Is the Claimant supposed to attend this one?

Quentin

zebrarose wrote: »

Is the Claimant supposed to attend this one?

See #151 & #152

Loadsofchildren123

They may attend if they want to argue against the set aside. Otherwise I would have thought you are almost guaranteed of getting the set aside.
Remember to ask for your costs. If only the issue fee (£255)