Unexpected CCJ Help?

Thechimp

Sourcrates Thanks for the reply, I appreciate that I should of got it in writing, I think my only assumption was that the contract was cancelled, poor decision I know.

tastyhog

sourcrates wrote: »

Although i can understand your reasons for the approach you took, i doubt a court would do the same.


You have made an awful lot of assumptions thus far, you should never take anything for granted until you have whats been agreed in writing.


I honestly do not think a set aside would be granted under these circumstances, and its a big gamble for £255.00.


I think its up to you if you want to proceed with this.

as a board guide you should know better than to state such false information, that may stop someone having a judgement set aside, which is their right to request, especially where a date of around 5 years ago has been mentioned, as its within a whisker of the debt being potentially statute barred, so a defence of that could be made if the dates could be confirmed.

the paperwork has either not been received, or it was sent to another address, this alone is grounds for the court to set aside a judgement.

whether it's worth it is another matter, because all that will happen is a new judgement will likely be granted and the OP will have to clear it within the 30 days or the CCJ will be a long term fixture in their credit files.

if they can pay it within the 30 days it could be worth the £200 odd to not have the CCJ as a file entry for the next however many years, only the op knows whether that could be worth paying for.

PixelPound

tastyhog wrote: »

as a board guide you should know better than to state such false information, that may stop someone having a judgement set aside, which is their right to request, especially where a date of around 5 years ago has been mentioned, as its within a whisker of the debt being potentially statute barred, so a defence of that could be made if the dates could be confirmed.

except nearly statute barred isn't statute barred. The date can be 5yrs and 364 days old since last payment/acknowledgement and a claims could be issue

tastyhog wrote: »

the paperwork has either not been received, or it was sent to another address, this alone is grounds for the court to set aside a judgement.

Now who is giving false information? Not receiving it, isn't grounds - if the court sent the paperwork to your address and you applied for set aside saying you never received it, it would get stuck out. Same for moving - if you moved, and never told the creditor or any subsequent debt collection agency, then that is not ground for set aside - the civil procedure rules state papers can be served to the last known address. Unless you can show that the creditor or their agent was told that you were not at the address papers were served to, the court won't set aside.

tastyhog wrote: »

whether it's worth it is another matter, because all that will happen is a new judgement will likely be granted and the OP will have to clear it within the 30 days or the CCJ will be a long term fixture in their credit files.

if they can pay it within the 30 days it could be worth the £200 odd to not have the CCJ as a file entry for the next however many years, only the op knows whether that could be worth paying for.

The courts look dimly on people trying to circumvent it, so trying to simply avoid it staying on the credit file for six years.