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CCJ Gladstones
Comments
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Depending on how long you have before the one month is up, you have 3 choices
1) Pay and do nothing more. Your credit score is cleared AS LONG AS the court is made aware that payment has been made in full
2) Pay and go for a set aside without consent. Yuor credit score is cleared, no matter the outcome of the set aside application, and if you get the set aside and later win the court case, you get your payemnt back
3) Dont pay, go for set aside without consent. Your credit score is cleared ONLY IF the set aside is granted. If it is NOT granted, then not only would the amount not alter (Shakeit off you are wrong here - only if the CLAIM is reopened after a successful set aside, can the amount of judgement be altered) but your credit score is trashed for 6 years, as you will amost certainly NOT get a set aside hearing before the one month is up.
So it is your choice
You failed to give ANY dates, so assessing your chances of a set asied is tricky
- if it was january 2018 and they filed in december 2018 having not had any response from you for X months, then they KNEW or SHOUDL HAVE KNOWN that the address wasnt in use, and therefore they failed to file their claim properly. It shoudl be automatic set aside and you SHOUDL ge tthe fee back at the hearing of the CLAIM, almost certainly not at the set aside.
- if they filed say 2 nonths after the event then they had less reason to realise you werent there, so you MAY NOT get the fee paid by the claimant - its less likely.
No g'tees. Nothing.
You need to get on reading NOW about set asides in teh NEWBIES thread.
You will need the SIX POINT DRAFT ORDER, a WITNESS STATEMENT that supports your set aside application (the facts about the sete aside, NOT the facts about the claim itself) and dfinally a draft defence to show yo uhave a good chance of winning a claim. Given the failure to comply with pofa requirements, which are CALENDAR DAYS, they cannot hold YOU, THE KEEPER liable.0 -
Thanks a lot! This is very helpful.
I may go with the option two.
Incident was in July, PCN in August and CCJ this month so I guess it increases my chances to get the fee back.0 -
Sorry for any confusion added on my part. I wasn't clear enough.Natwest OD - Start: £1,500 Current: £1,500 | Creation Loan - Start: £2,152.33 Current: £2,082.90 | Barclaycard CC - Start: £5,242.42 Current: £5,416.45 | Novuna Loan - Start: £8,598.43 Current: £8,366.04 | Tesco CC - Start: £9,420.22 Current: £9,885 | Northridge Car - Start: £15,584 Current: £15,017
Starting total on 02.07.2024 is: £42,497.40 | Current total: £42,267.39 (0.5% paid off)0 -
If it is NOT granted, then not only would the amount not alter (Shakeit off you are wrong here -
I am sure that I read on a Government website that you can apply for a set aside if you dispute the amount owed.You never know how far you can go until you go too far.0
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