CCJ Set Aside

smrwlnds

Hi,

Looking for some advice on setting aside a CCJ. Basically a few years back I got myself into some debt with payday loans. Stupidly I kept this from my wife as I was embarrassed. To keep this from her I was hiding the post so she didn’t see any letters from the company and in the process of this I missed a letter from a parking company to my wife about a parking ticket. Ends up my wife got a CCJ from this. My wife is now aware of the debt I was in and the CCJ as now we are trying to get a loan for an extension on the house. The CCJ has been paid in full so is now satisfied.With my credit being so poor due to the debt and my wife’s CCJ we are worried we won’t get one. I accept full responsibility for this and wondered if anybody thought we would have a chance of getting her CCJ Set Aside as she was completely unaware of it. I am happy to have the CCJ put over to me if needs be. The annoying thing is that it was only £200!!

Any advice would be greatly received even though some may feel I don’t deserve any after the way I acted!

[Deleted User]

You've already paid it, so would be difficult to get set aside.

Also given your "case" I don't see the judge siding with you

GM1880

!!! wrote: »

You've already paid it, so would be difficult to get set aside.

Also given your "case" I don't see the judge siding with you

Disagree with that entirely, if there is genuine reason to have it set aside, then the fact it's already settled may make it easier, very unlikely to harm the application..

If there's no genuine reason to have it set aside, then the only option is likely to be to have it set aside by consent as a condition of subsequent payment. But if there's another good reason, then the fact it's paid off may be viewed favourably by the judge. All depends on the details though.

is there any other reason why your wife did not know about it other than the fact you hid letters?

[Deleted User]

The reason is basically a spin on "I never received the letter in the post" which they tend to not side with

GM1880

If that's the only reason, they you're right, it's highly unlikely to be set aside, but is there anything more. If someone has hid the documents from the defendant, then that may be considered good reason, especially if it's been paid off. Though then whoever did that is likely to get into grief themselves. An interesting thought though. The defendant's clearly done nothing wrong in this case, something I've not come across though.

PixelPound

!!! wrote: »

The reason is basically a spin on "I never received the letter in the post" which they tend to not side with

Agree, if the claims form was sent to the correct address and the company can show they were sending the necessary letters before hand, then I can't see it being requested, in fact the OP is saying they were delivered correctly, so it would be struck out.