How long to set aside a CCJ

birdmanT

Hi everyone
Firstly, thank you for all the brilliant information available on the forum about CCJ's and getting them set aside. I have a CCJ at my old address on my credit file. Today I submitted forms to the court to get the judgement set aside. In your experience, how long does it take the court to process this and make a decision?

Many thanks in advance
Tom

Coupon-mad

They will arrange a hearing at your local court in the coming weeks, in June/July, which is when you have to show:

- that you acted quickly and didn't receive the court claim, hence the CCJ was not your 'fault' and you weren't given a fair chance to defend,

and

- that, given that chance to defend now, you will have good prospects of success (that's where your Witness Statement/prepared defence comes in and it MUST be good, so look at the defences in post #2 of the NEWBIES thread).

Be warned set aside usually works but not always, if ill-prepared:

http://forums.pepipoo.com/index.php?showtopic=113027&st=20&start=20

That's rare but don't be like that person. Get it set aside, with thorough reasons for a defence, as most cases we see are.

birdmanT

Thanks. I'm very much looking forward to my day in court and I have followed all the brilliant advice on the forum. I wasn't expecting the court to move that quickly, but I guess £255 is a good motivator.

I'll keep everyone posted on this thread on my progress.

birdmanT

23rd May: Form submitted to request judgment to be set aside
30th May: Received response from Court saying the case had been transferred to my local CC
7th July: Received date for set aside hearing
23rd August: Set aside hearing scheduled
23rd August: Set aside agreed, claim against me dismissed, costs awarded
31st August: Cheque from CEL arrives.

Coupon-mad

All 4 cases on the forum today were won by the consumer defendants, coached here. Just to give you confidence!

birdmanT

I've not won yet, but I do look forward to having my day in court. Receiving a CCJ at my previous address was quite worrying to start off with, but after lots of research on the forums I'm confident.

birdmanT

I got a letter today saying my hearing for the set aside has been scheduled for 23rd August. I'm making progress.

birdmanT

Thank you for everyone's help, once again. Today I attended court and the following happened:

Judgment against me was set aside
Claim against me was dismissed
I was awarded my costs (£255) which must be re-paid in 14 days

The judge commended me on my witness statement, saying it was clear and concise and allowed him to make a quick judgment.

Firstly, he quickly agreed to set aside the judgment, because it was clearly served at my wrong address. This took him less than 10 seconds.

Secondly, he agreed that the claimant (CEL) had not established or submitted evidence that proved it could bring this claim against me. I was smiling at this point, as I realised he was about to also dismiss the claim against me. He then asked if there was anything else I'd like to add. I asked for my costs to be reimbursed (£255 set aside fee), which he agreed with and said CEL must pay me in 14 days.

The case lasted perhaps five minutes, maybe less. The judge spent more time complimenting me on my witness statement and telling me I should change career and become a solicitor than the case itself. I told him I was very happy with my career choice and after telling him what I do, he laughed and agreed.

My advice to everyone reading this, in a similar situation is; don't panic if you find out you've got a CCJ against you, at a previous address. It does take time to get your day in court, but once you're there, and providing you've followed the forums advice, you have a very strong chance of being successful.

Thanks all

waamo

Well done. With so few questions too. It shows what a bit of research can do, all the information is here if people would only stop panicking and read up for themselves.

You've done a great job there birdmanT.

nosferatu1001

Well done! Shame you couldnt get your costs for the day as well

Let the prankster know

if you dont get your money, get the court to enforce. Costs about £70 i think?

birdmanT

Thank you both.

Forgive my ignorance, but how do I let the Prankster know?