Reclaim fees

SB1978

Hi - this is the first time I have ever posted on a forum so please bear with me... thanks.
I have found a CCJ put against me at an old address. As soon as I found it on my credit file I contacted the creditors solicitors, gave them all my new details and explained the situation. I offered to pay the balance however I asked them to rectify their mistake a remove the CCJ from my credit file for the reasons set above. I advised that if not I would have the judgement set aside which I now need to do however what is my best course of action - is it...
1. ask the court to set it aside and then it is up to the creditor to follow it up and put a new ccj application in for me to fight OR
2. do I ask the court to set aside the judgement and to replace the judgement with a new one at the original debt LESS the fees
I don't see why I should pay court fees for something which was not my error.
When I moved house I informed the creditor.
The main thing for me is to get this off my credit file but if I can do this and recoup the fees, all the better.

Help please

Arleen

How did you inform the creditor about the new address?
Why didn't you keep up with the payments in the first place?
Didn't the lack of correspondence despite no payments make you suspicious?
Do you have an actual defence against the debt, other than the address issue? Like why you don't owe it, or that you didn't know that you owe it (and how come)?

National_Debtline

Hi SB1978 and welcome to MSE

A set aside is where you ask the court to allow the court whole process to start again. The court will usually look at whether you have applied promptly on finding out about the CCJ, and whether you have a realistic prospect of defending the claim.

Not receiving the court papers isn’t usually enough grounds alone for a set aside, however the court might agree if you can show that you informed the creditor you had moved and yet they still sent court papers to the wrong address.

If the court grants the set aside it will not be for them to make a new CCJ, that will be down to the claimant. The set aside application will cost £255, but if you are a low household income you may not have to pay all of that. You can find more information on set asides here https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx.

Susie
@natdebtline