CCJ Set Aside application

GM1880

Having now paid off the monies outstanding I've filled in the form to apply to the court to have this set aside and my very generous solicitors at work have kindly worked with me on the witness statement and are joining me in court. A number of elements they've added which I didn't think to include.

They feel they most likely issue is that I didn't appeal to the court as soon as I found out about the CCJ, but on the basis that I've acted in good faith since learning about it, a generous judge may not worry too much about it. They feel it's a 50-50 shot. Not too fussed about the £250 odd fee and the solicitors feel it's unlikely the other side will even waste their money attending given they have their money. So little risk of incurring additional costs.

Feels good to have paid everything off, but equally nervous about having a CCJ on file for another 3 years without a sympathetic judge.

GM1880

Sorry to bother you guys again, but just had the forms back confirming court date and location, they’ve not taken into account the request of a location for the hearing, near work instead of near home. (No major drama) but the date is while i’m In New Zealand for 3 weeks in March.

How can I go about requesting a date change? I cannot find a definitive answer with the help of Google.

fatbelly

Before a 'normal' court hearing you get a directions questionnaire which asks when you are not available. But you don't get a DQ with this route. I guess you should have mentioned the dates on your N244 application.

All you can do now is phone the court and ask

GM1880

fatbelly wrote: »

Before a 'normal' court hearing you get a directions questionnaire which asks when you are not available. But you don't get a DQ with this route. I guess you should have mentioned the dates on your N244 application.

All you can do now is phone the court and ask

There is indeed a note on their guidance forms to flag this up if there are any dates in the next 6 weeks where you are unavailable.

https://formfinder.hmctsformfinder.justice.gov.uk/n244-notes-eng.pdf

There were not any, so didn't include them. The date for the hearing is 9 weeks after the date of my application. I've spoken to the court and they've said I'd need to pay another £255 to change the date or it may be possible without it if I have consent of the claimant. Given the claimant has their money and has been pretty unhelpful so far, I cannot imagine why they would consent, there's no benefit in them doing so.

fatbelly

GM1880 wrote: »

There is indeed a note on their guidance forms to flag this up if there are any dates in the next 6 weeks where you are unavailable.

https://formfinder.hmctsformfinder.justice.gov.uk/n244-notes-eng.pdf

There were not any, so didn't include them. The date for the hearing is 9 weeks after the date of my application. I've spoken to the court and they've said I'd need to pay another £255 to change the date or it may be possible without it if I have consent of the claimant. Given the claimant has their money and has been pretty unhelpful so far, I cannot imagine why they would consent, there's no benefit in them doing so.

Got to admit I've never read the guidance notes!

That seems manifestly unfair if they are asking you when you are unavailable in the next 6 weeks then give you a hearing date 9 weeks later.

The form needs changing as most courts have a lead time of more than 6 weeks.

GM1880

I’ve sent a pretty stern email to the court laid out in black and white how absurd their advice was over the phone. Maybe over the phone it wasn’t obvious.

Perhaps if the claimant doesn’t contsent to the change of date it’ll sort of work in my favour given they’d be denying a right to fair justice which is precicely the reason why i’m making the application in the first place, having not had the opportunity to defend myself in the first place given they sent papers to my old address which I vmcan prove the original claimant had before selling the debt.

But even if they consent to the adjournment apparently it still needs to be granted by the judge.

GM1880

If anyone finds this vaguely useful, a bit of an update. Still heard nothing from the court, but I did receive a letter from the claimant saying they have written to the court saying they!!!8217;re not going to attend the hearing or present evidence, and they don!!!8217;t contest to a set aside or oppose it.

Not sure exactly what impact that!!!8217;ll have, I can!!!8217;t see it as anything but helpful?

[Deleted User]

I'm curious.

If you win, do you get the fee back?

GM1880

It depends, you have the choice on the application whether to claim cost from the other side including the fee.

I didn!!!8217;t as I thought i!!!8217;d be more likely for the claimant to contest the application if I did and given I don!!!8217;t think my application is a nailed on win I was happy to cover costs myself given by the claimant not contesting it it should increase my liklihood of me winning.

[Deleted User]

GM1880 wrote: »

It depends, you have the choice on the application whether to claim cost from the other side including the fee.

So if, for instance, the debt didn't exist (or it wasn't your debt), you can, upon winning, claim the £255 from the company who applied for the CCJ?