Advice needed - 2 month old CCJ

sourcrates

Engaging council in cases such as this is not a good idea, unless you have a large pot of money you do not mind losing, your judgement is only £1800, the costs listed above potentially add up to nearly 3 times that, or more, plus the £255.00 set aside fee.

You do not need legal help, you fill in the form off the courts and tribunals website, fill it in, and send to the court with the fee, the court will then decide yes or no, and you will be informed of the result.

Judgment set aside

If you genuinely disagree with a CCJ, you can ask the court to set it aside' for a fee.

If this happens, the CCJ is removed from the Register. This doesnt necessarily mean the case is over it just goes back to the start, and the creditor will have to submit the court forms again.

If you dont have a genuine reason for wanting the case set aside, or the court thinks you are wasting its time or lying, you could face fines or even a prison sentence.

You also have to pay a fee of £255 to apply to have a judgment set aside.

Reasons to set aside

The main reason a court will set aside a judgment if theres been a mistake, such as a default judgment when you had sent back the form asking for more time.

If you didnt get the papers, the court will expect you to prove youd given the creditor your new address.

Likewise, if you missed the hearing, the court will want a good reason before setting the judgment aside.

Warnings about setting aside judgments

Setting aside does not mean the case is over. It may still be heard.

CCJs stay on the Register for six years from the date of the judgment. This six year period starts again if the judgment is set aside and the creditor starts the process again so you may end up with a CCJ on file for even longer.

Frivolous applications to set aside judgments will cost you money and are unlikely to be accepted.

Theopop

Thank you for the advice. This is why I'm worried. I'm a little out of my depth here.
I don't have the spare money to pay those fees. My case would be that I moved house and didn't receive the court letters from the new company the debt was sold on to. However, as you said, I have no evidence to show Iet them know that I'd changed address. Is this then likely to be a flat out denial?I also don't deny the amount owed.
The claimant has sent me a letter offering to set up a payment plan, which I will do.
The other option was my family member, knowing how much I regret the CCJ, offered to loan me the money to pay the full amount. Would this likely sway the claimant to consent to set aside and if so, would this help at all in court?

Thanks again

Theopop

I've just read this (below). This is basically what I was hoping to be able to do.
Is the court more likely to set aside a judgement if the claimant gives their consent?


Can you reach a deal? Set aside judgment and pay it!

This may sound counter-intuitive but we!!!8217;ve found that this approach can really help you.

The claimant simply wants their money. They don!!!8217;t care whether or not you have a clean credit record. Why not try to reach an agreement? You pay them the money. They agree to setting aside judgment.

We!!!8217;ve often found that claimants are willing to consent to the judgment being set aside on the condition that they get what they feel they!!!8217;re owed.

Depending on the circumstances surrounding the claim and the amount of the judgment, you may or may not feel this is appropriate. But it!!!8217;s an option you should consider.

GothicStirling

Isn't there another way/application to the court, where you can ask the Judge to look again at repayment terms, for a cost of £50. Seeing as the debt is not statute barred, you might get this one set aside, for the claimant to ask for a new one, and you're in the same position.

That's it an N245 form, to ask the Courts to be able to pay in installments. https://ccjgenie.co.uk/cannot-afford-to-pay-a-ccj/

Theopop

Would mental health issues, anxiety, depression, ADHD Innatentive (problems with organisation, dealing with things) be a worthwhile mention in an application to set aside?
I would include that the court papers went to the wrong address but was wondering if my previous issues would be defence too, as the debt happened during this period. Now I am feeling better and facing things like this, hence the reason I want to pay off the debt and hopefully reach a set aside agreement to remove the CCJ.

Thanks

sourcrates

Theopop wrote: »

Would mental health issues, anxiety, depression, ADHD Innatentive (problems with organisation, dealing with things) be a worthwhile mention in an application to set aside?
I would include that the court papers went to the wrong address but was wondering if my previous issues would be defence too, as the debt happened during this period. Now I am feeling better and facing things like this, hence the reason I want to pay off the debt and hopefully reach a set aside agreement to remove the CCJ.

Thanks

No, stick to facts.

Only certain senarios will qualify for set aside.

Google if unsure, anything else is a waste of time and money.

Theopop

Hi guys, I just thought I'd update you with a success story and thank you for your help.

I contacted the claimant earlier in the year. I just truthfully explained everything, including why I hadn't responded, why I had originally missed payments and my circumstances at the time. I also told them I had an offer from somebody close to me who said they would to pay in full if it would help me by getting the CCJ removed. Their solicitors were extremely sympathetic in their response and said if I was able to pay then to leave it to them and they would contact the courts and pay any fees in order to have the CCJ wiped from my file. I signed a Tomlin order and paid in full and not long after the CCJ was removed completely as though it had never been there.
I didn't have to pay anything extra or send anything to court. They did it for me.

I then set out to learn how to improve credit and did everything suggested. I made sure my new address was on the electoral roll. I was able to have the low credit limit on my store card increased and made sure I wasn't using over 50% of my available credit. I hadn't missed any payments or opened any credit accounts for 6 months up until recently when I opened a credit builder credit card which I intend to use and pay off in full each month. I followed available advice and my credit score jumped up quicker than expected from very poor to good. The only factor affecting me now seems to be the original default from the removed CCJ. I'm not sure if this can be removed but if it can in some way please do advise me.
All in all I am very happy and just want to give hope to anyone reading this that may be in the same situation and feeling helpless. It is possible to get yourself out of that hole.

Thanks again