CCJ CEL set aside application

Coupon-mad

You should soon (this month) get an order from the court confirming the CCJ set aside decision and telling the Claimant how long they have to file a copy of the particulars with you, the Defendant AND/OR how long you have to file a defence.

I think a CCJ set aside by a court, updates agencies, but I could be wrong.

Did you get your £255 refunded by the Claimant, or did the Judge reserve a decision on costs? Make sure you push with the same Judge in due course, to claim the £255 back from CEL if they discontinue or fail to comply with what the Order says.

Ajacobs83

thanks Coupon, your advice really helped in getting me where I needed to be with the application.
the Judge seemed irked that i wanted to claim back and that i wanted the original claim cancelled and reserved a decision on costs but I will push to claim those back.

Coupon-mad

Which Court and Judge, and what was it like for you, daunting but a relief?

Quentin

The CCJ should already be expunged from the Register


It does take time for the credit ref agencies to update - check yours after a month and it should be gone - you don't need to do anything yourself

[Deleted User]

Make sure you push with the same Judge in due course, to claim the £255 back from CEL if they discontinue

Worth noting: if costs are expressly reserved from the application hearing (ie to be dealt with at the end of the case) and the claimant then discontinues, you may not be entitled to recover the costs of defending the claim but you most certainly would be entitled to ask for the costs of the set aside - without the need for an application - a letter to the court seeking the relevant order ought to suffice.

Coupon-mad

That's good to know, Johnersh.

It's important to always make sure a Judge expressly states that costs be reserved, then, in any set aside order.

Silence about costs means they might never be dealt with if CEL discontinue?

[Deleted User]

My preference would be not to leave the room after a set aside without recovering costs - but I accept that DJs can take some persuasion on a set aside.

Yes. Where an order is silent as to costs the presumption is that each part bear their own. So always ask for them....