Can I get a CCJ set aside?

Daftytaffy

Will do. We noticed it in May and then contacted BW to send us the details and have only just received this today. They have given us 14 days to get in contact.

Quentin

You don't need to wait for your exchanges with the PPC before starting the set aside process.

As already advised once you know about the ccj against you then you must act quickly if you want it set aside

If you knew in May why have you not done anything till now?

Daftytaffy

Because we were waiting for dw legal to send us all the details because we didn't have any.

Quentin

Read up on the net on set asides and the need to act quickly once you discover a ccj against you , and maybe get some legal advice before embarking on this - you may be wasting your money so long after the event!

Daftytaffy

My wife has just informed me that the court had but the CCJ on hold while we waited to be sent the documents.

KeithP

You seem to be seeking a set aside by consent. Is that right?

Quentin

Daftytaffy wrote: »

My wife has just informed me that the court had but the CCJ on hold while we waited to be sent the documents.

But hadn't the ccj been registered in April (without your knowledge)??


How did your wife discover it - once judgement has been made it stands unless set aside (or successfully appealed in the case of a hearing, though that doesn't apply here)

KeithP

Read this:

https://www.masonbullock.co.uk/applying-to-set-aside-a-default-judgment-dont-delay/

I know nothing about the firm of solicitors. It just looks like a reasonable explanation.

Then perhaps this:

https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/

Daftytaffy

My wife found the CCJ in May which was registered in April. She called the county court first, they didn't have the reference number or any of the details.

She was then informed to contact BW legal to get all the details - they advised that they will send all the paperwork.

She cant recall who told her it was on hold but Im guessing this would have been bw legal and not the courts.

This is more than likely going to be declined now

[Deleted User]

At the time the car was registered to her parents address however they got my old address from the appeal.

I assume you didn't say you lived there and that it was the correct address for service of proceedings?

As a matter of fact:

1. it would seem that had they served to the RK address, parents would've forwarded it and there would be no problem; and
2. The proceedings were started 5 years after events, when it was unsafe to assume the addresses they had were current without further checks.

I don't think valid service has ever been affected. If that is correct, the issue of delay is not critical. That is because the court Must (imperative) set aside the claim. Read from para 35 onwards here:
http://www.civillitigationbrief.com/2015/12/08/when-the-court-fails-to-serve-an-irregular-judgment-must-be-set-aside/