CCJ Set Aside

anon124

Hi there, I'm hoping I can get some advice please.

I recently discovered I have been issued with a CCJ that I had no idea about.
I took out a payday loan back in 2013 and thought I had paid it all off. It turns out I hadn't, I still had £15 remaining to pay. Over the years due to interest this £15 totalled to £375.

The debt has now been passed on to a company called TM Legal Services who claim they sent numerous emails to me (it was an old email address that I no longer use nor can access). They say they didn't send any letters prior to the CCJ being issued. They did, however send a letter to my previous address (not the same that the loan was taken out under) in December, after the CCJ had already been issued to me.

I have no problems paying off the debt and am happy to do so. My question is; If I apply to have the CCJ set aside through the courts, will I be able to or have a chance? TM Legal Services tell me they will decline it and that the courts will definitely not side with me..

The real kick in the teeth is that another CCJ on my file is due to drop off this year, I've been waiting six years and it's really held me back in many ways. So had I known about this debt, I absolutely would have just paid it!!

sourcrates

A set aside application costs £255.00, and in order for it to be successful, you need to have a defence with a reasonable chance of success, and I don’t really think you have one.

I think the money would be better spent paying off the debt to be honest.

Just_Di

anon124 wrote: »

I recently discovered I have been issued with a CCJ that I had no idea about.

. . . The debt has now been passed on to a company called TM Legal Services who claim they sent numerous emails to me (it was an old email address that I no longer use nor can access). They say they didn't send any letters prior to the CCJ being issued. They did, however send a letter to my previous address (not the same that the loan was taken out under) in December, after the CCJ had already been issued to me.

. . . If I apply to have the CCJ set aside through the courts, will I be able to or have a chance? TM Legal Services tell me they will decline it and that the courts will definitely not side with me.

How did you discover you had a CCJ for the first time?

Have you any evidence of this CCJ because some (I won't name names) legal service businesses are known to bluff. Have you checked with MCOL and/or Trust Online?

How old or how long ago was this CCJ (if it exists)?

Was this claim issued after the new Pre Action Protocol was inroduced obliging debt owners to send you a formal Letter before Claim giving you 30 days to react/respond?

If a LBC was sent by email I'm not sure that would cut the mustard.

Was the claim served on an address where you weren't living at the time of service?

TM Legal may say that they will "decline" any set aside Application but it's not up to them - the decision rests with the Judge (unless TM Legal want to consent to your Application to avoid the risk of any adverse costs Order due to conduct issues).

Depending on your fiancial circumstances you may be entitled to fee remisssion (you may not) so the £255 court Application fee might not be necessary.

Di

anon124

Thanks for the response. I plan to pay off the debt and also have the money to take it to court. Costing is not an issue, but thanks for your advice.

anon124

Just_Di wrote: »

How did you discover you had a CCJ for the first time?

Have you any evidence of this CCJ because some (I won't name names) legal service businesses are known to bluff. Have you checked with MCOL and/or Trust Online?

How old or how long ago was this CCJ (if it exists)?

Was this claim issued after the new Pre Action Protocol was inroduced obliging debt owners to send you a formal Letter before Claim giving you 30 days to react/respond?

If a LBC was sent by email I'm not sure that would cut the mustard.

Was the claim served on an address where you weren't living at the time of service?

TM Legal may say that they will "decline" any set aside Application but it's not up to them - the decision rests with the Judge (unless TM Legal want to consent to your Application to avoid the risk of any adverse costs Order due to conduct issues).

Depending on your fiancial circumstances you may be entitled to fee remisssion (you may not) so the £255 court Application fee might not be necessary.

Di

Thanks for the response.

The CCJ is on my credit file which is how I found out about it in the first place. I then contacted the court who put me in contact with TM Legal.

The CCJ was issued last October (2018)

I am unsure about the Pre Action Protocol?

Yes the claim was served at an address I was not living at at the time of the service