Set aside ccj meaning

Roman777

Hi there
Can anyone explane to me what actually means to set ccj aside?
I have a ccj on my old address and I understand that I need to set it aside to remove from my credit file.
But what will happen next?
If its agreed by judge will it be removed from my credit file and does it mean the creditor have to send a new claim on my address if I haven't replayed my debt yet ? Or does it mean I have a month to make payment to my creditor ?
Thanks

sourcrates

Hi,

You can only have a judgement set aside if you have good reason, for example, the debt is statute barred, or you did not receive the original court paperwork, or you have a defence with a good prospect of success.

If you were successful, the CCJ would be removed from your credit file and the creditor would have to re-issue court papers, you would then have your chance to defend the claim.

Roman777

Thanks for the answer. I didn't receive the original forms and I can prove that I moved out from my old address when ccj was issued.
Will the creditor be notified by the court if my defence was successful and asked to reissue court papers ?

aNom

Roman777 wrote: »

Thanks for the answer. I didn't receive the original forms and I can prove that I moved out from my old address when ccj was issued.
Will the creditor be notified by the court if my defence was successful and asked to reissue court papers ?

Moving, without informing a creditor, is, as far as I'm aware, not a "good reason" for a judge to set aside a CCJ. If you informed the creditor, and have proof as such, then you might stand a chance.

antrobus

Roman777 wrote: »

Thanks for the answer. I didn't receive the original forms and I can prove that I moved out from my old address when ccj was issued.
....

Not really the point. Can you prove that you told the creditor you'd moved?

If you did not get the court papers through the post, the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last-known address (even if you have moved), unless the creditor has reason to believe that you have moved.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

It normally costs £255 to apply for a set aside.

[Deleted User]

If you owe the money then pay it.

If you didn’t inform your creditors when you moved that’s not grounds to get it set aside

PixelPound

Papers can be served to the last known address, so simply saying you never received papers because you moved and did not inform the creditor or their agents usually will not cut it and you are simply throwing £255 away. Don't wrongly assume that the judge will rubber stamp your set aside.

As stated if they were informed you were no longer at the address before the CCJ was awarded and you have proof, then it is a possibility, but still not guaranteed.