Civil Enforcement Ltd County Court Claim

Rexelcentor

RIght,

So having considered this further, and tried to make payment, the cost for some reason is now £348 instead of £326 plus an addition £15 to get the CCJ taken off from my credit record even if paid within the month!

Aboslute joke!

So I am now reconsidering the option to apply for a set aside...the £255 court fee is still ridiculous but now the alternative keeps going up and up it is looking more attractive.

I'm fairly hopeful the set aside would be successful since I can prove that my mum had moved away from that address before the papers were received.

Does anybody know what actually happens when/if a set aside is successful? Or if I have a good chance of getting one? Does it mean I get teh chance to defend myself and if so will the copy/paste template CEL defence be good enough?

If the set aside fails have I just lost £255?

If the set aside is granted and I win the defence can I reclaim the £255?

If the set aside is granted and I lose the defence do I still pay the £348 plus £15 plus £255?

Your advice is really appreciated as always

Rexelcentor

As per my post above, do you have any pointers about how to "fight back"?

How likely am I to get a set aside given the circumstances? (never received the court papers)

How likely am I to then win the defence? And if this happens is it easy to get the £255 court fee refunded because this amount seems really expensive in itself!

thanks again

Quentin

Regarding the £15 charge for removing ccj from the register.


This is only payable if the claimant for some reason won't inform the court you paid them, and you have to deal with the court yourself to get it sorted.


The amount due should be stated on the judgement. If there is any variation (ie the extra £22 you have been asked for) that should also be set out in the judgement

Quentin

You do have grounds for a set aside because you never knew about the claim because of your house move (assuming no redirection of mail etc) which is easy to prove to a judge - presumably all docs have been sent to your old address.


You do need to bear in mind that a set aside is unlikely to be heard before this ccj goes on the register. If you lose the set aside then it will remain there for 6 years and blight your credit files, even if you subsequently pay it when it remains on the register and marked "satisfied"


(If you win the set aside then it would be removed)

Rexelcentor

I won't receive the judgement because it is going to the wrong address!
I have no idea where the extra £22 has come from and its impossible to speak to anyone at either CEL or the court to find out.
I've now given up and paid the £348 to CEL and also filled out the N443 form to have the CCJ removed from my file. You say I only need to pay for this if CEL don't inform the court...but would you trust them to inform the court themselves or should I just cough up and pay it now before anything hits my record?

Quentin

Can't you go to the old address and get your mail, and make arrangements for it to be forwarded?


Your call over the £15.


As long as you have proof the debt was paid within the 30 days you will have no problem as the entry would be removed on submission of the proof to the court (and the £15!) if they don't inform the court you paid