Set Aside whilst living abroad?

antrobus

Just_Di wrote: »

.....

Consumers have the right to defend a court claim.

.....

So what's your defence?

Just_Di

ciderboy2009 wrote: »

@Just Di - it would in our local court in an attempt to save costs as the defendant resides out of jurisdiction.

I can't speak for your local county court, but in my experience the only matter the DJ can decide at a Hearing is the Application in front of them.

If the purpose of the Hearing is to consider the set-aside Application then if the DJ agrees to make an Order to set it aside, the Order would likely include Directions for the Applicant to file a Defence within (say) 14 days, and the Claimant to file a response to that Defence within 14 days if they so wish.

Di

Just_Di

antrobus wrote: »

So what's your defence?

That would be hard for the OP to decide since at the moment they don't know what the claim is for.

Once that's been established the OP can consider a Draft Defence having taken legal advice. Or, in the alternative, attempt to negotiate with the Judgment Creditor (see my post about Tomlin Order possibility).

Di

debaur

I am sorry at the moment I don't know who The Judgement Creditor is, and I am in Thailand on hols so will have to check when on return.

If the Judgment Creditor has no case against me, they will not consent to a set aside though will they? Why could it be in their interest to agree to a set aside? (I will ask them irrespective thanks @Di, and thank you very much for your input - you are really making things clearer for me)

debaur

Just_Di wrote: »

You're welcome

My approach is a breach of the Consumer Credit Act is a legal argument not a moral argument.

Consumers have the right to defend a court claim.

If the claim was served on an address where you weren't living then you were denied that right, and a set-aside is simply asking the court to restore your opportunity to obtain justice.

I would also add that if a set aside can be agreed by consent, and if you feel you should settle the debt, then this can be done by consent with a Tomlin Order which is not a CCJ so no blemish on your CRA file and no enforcement (Charging Order) unless you breach the terms of the settlement.

Di

If the claim was served on an address where you weren't living then you were denied that right, and a set-aside is simply asking the court to restore your opportunity to obtain justice.

Exactly. I totally agree @Di. I am not sure why this should be such a big issue with all the other posters. I have to pay for the case if I lost!

antrobus

Just_Di wrote: »

That would be hard for the OP to decide since at the moment they don't know what the claim is for.

...

Then they need to find out PDQ.:)

gycraig_2

You simply aren't getting it. It's not as simple as saying it was sent to the wrong address, you need to explain to the judge why you feel you would of won the first case. If he agrees you had a good chance he will remove the the ccj and give you your day in court, ask debt company where the debt was from then form a defence

[Deleted User]

If that was the case then everyone would be able to get a CCJ set aside.

“I moved house (scarpered) and knew nothing about it. Honest Gov!”

Willing2Learn

!!! wrote: »

If that was the case then everyone would be able to get a CCJ set aside.

“I moved house (scarpered) and knew nothing about it. Honest Gov!”

Just those individuals who did not try to disappear and had honestly left an easy to follow address trail from their ER and other credit accounts. Not everyone tries to get away from their financial responsibilities.

twhitehousescat

however , back in 2016 theresa may , opened her gob to the press and stated

"Theresa May vows to investigate ‘abuse’ of CCJ system after Daily Mail investigation revealed families being financially crippled over debts as low as 1p
PM’s intervention came as we revealed stories of devastating judgments
Banks and parking cowboys are obtaining thousands of CCJs every year
More than eight in ten of the county court judgements are uncontested
Victims left being turned down for mortgages and face escalating fines

this was in relation to companys not doing do diligence checks before sending court papers , sometimes upto 5 yrs and 11 mths after a default


as with most thing she says , she did !!!!!! all

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html