CCJ papers not recieved

Thrugelmir

fw1994 wrote: »

Agreed, but short of outright accusing his Mum of lying, what can we do?

Wasn't just the CCJ that went awry. Would be all the letters chasing the debt as well over an extended period. Settling the debt seems your best course of action.

fw1994

There was no address to update. He didn’t move address

[Deleted User]

He did - he was staying with you

macman

You do not 'technically' or 'officially' live at a certain address. You either live there or you don't. It's irrelevant anyway, as the creditor does not have to prove delivery of the docs for the CCJ to be valid: they merely need to show that they were sent to the last known address. You cannot get a set-aside based purely on non-receipt.

fw1994

So every time you spend the night somewhere that isn't the address you are registered at on the electoral roll you should let every company know, including a credit card company with whom you closed an account in 2011? Unlikely.

fw1994

sourcrates wrote: »

A set aside costs £255.00 and is far from guaranteed to be successful, so for a debt of £400 he just might as well pay it, as long as he agrees the money is owed, check the statements carefully when they arrive.

But even if the CCJ is satisfied, won't this still have a huge impact on our Mortgage Application?

[Deleted User]

For an extended period of time yes.

You’re just picking at the bones now.

A satisfied CCJ is better than an unpaid one - either way you’ll need to speak to a broker who specialises in adverse credit mortgages

Willing2Learn

@OP - If you do your research and feel you have a good legal argument for having the debt set aside, then you should go ahead and try. It is only £255 to try, which is peanuts when you are talking about the impact it can have on getting a mortgage.

Just do your research first, so that you are not just wasting the money...

And Gary Dexter's last post re a good mortgage broker can be an option, if your set aside proves unsuccessful.

PixelPound

If he was still having post delivered to his mothers and was regularly collecting it, then all this talk of informing moving address is irrelevant.
Northampton County Court Business Centre send claims forms out in bulk in normal post. It is irrelevant whether it was received at his mother's or not, because the courts systems will show it had been sent and deemed served 5 days later. They do not need to prove that you received it, just that it was sent.

chattychappy

National_Debtline wrote: »

To agree to a set aside the court generally wants to see that someone has a real chance of successfully defending a new claim, or some other good reason. Not receiving the court papers is not usually enough grounds alone to agree to it.

I have helped several people (on a voluntary basis) get set aside. Every application has been successful. Usually they have been granted on the basis of litigation not known about and a prospect of defending the case.

A couple of exceptions:

In one case the applicant (for setaside) admitted some of the debt and was only arguing about subsequent late charges and fees. The judge could have entered a judgment for the admitted amount but instead simply set aside the original judgment and a new hearing was scheduled. (The parties settled, so that was the end of it.)

In another case, the full amount was admitted but applicant said that by not receiving the papers he was denied the chance to settle/pay without a judgment. He said a CCJ would damage his reputation. The judge agreed and suggested a Tomlin Order. So the judgment was set aside, but the parties agreed that the applicant would pay the amount claimed to the respondent (the claimant).

As you say, the rules allow set aside on the basis of some chance in defending the claim or "some other good reason".