CCJ from BW Legal. Please help.

rachity

KeithP wrote: »

Rachity, are you going to tell the OP the costs to him of your proposal?

An app for set aside with consent is £100.


Application by consent or without notice where no other fee is specified.- £100


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789201/ex50-eng.pdf



This is a pretty hot topic atm.


The Claimant is expected to exercise due dil before issuing a claim (ie at least attempting to find the correct address for service - are you on the Electoral Register at your current address? If so, very easy to trace.)
If accepted, the CCJ will be set aside & the case reheard.

However, you'll need to demonstrate a reasonable prospect of defending the claim .

KeithP

But Rachity, to get the consent from the Claimant is going to cost the Defendant the full cost of the awarded judgement as well as that £100, isn't it?

Probably work out more expensive than a contested set aside.

rachity

KeithP wrote: »

But Rachity, to get the consent from the Claimant is going to cost the Defendant the full cost of the awarded judgement as well as that £100, isn't it?

Probably work out more expensive than a contested set aside.

No, the judgment is set aside (nothing to pay re the existing judgment, as if it never happened.)


The claim goes back to a live pre-judgment status & is then reheard.


Also, in cases like this it could well be considered bad form (& so unreasonable) to refuse consent, exposing the Judgment Creditor (ex Claimant) to adverse costs.


CPR 13 (esp 13.3)
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

AnthonyAB

But no one has explained what i am to do next.

What will telling my MP do?
Will that get rid of a CCJ?

And yes, I have just paid £12 and checked and yes there is a CCJ against me at my old address. As I knew there would be.

Le_Kirk

Do you know how much the CCJ states you have to pay?
It costs £255 to apply for a set-aside. If the CCJ payment is less than this, it might be worth paying to have it NEVER having been on your record.

For further help (if you decide to apply for set-aside) read this, which can be found in the NEWBIE thread: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how - DO NOT ring the parking firm up...and do not just pay them:

https://forums.moneysavingexpert.com/discussion/5581374

https://forums.moneysavingexpert.com/discussion/5585047

And read this thread:

https://forums.moneysavingexpert.com/discussion/5619965

...which includes the OP's statement in support of his/her set aside, and an outcome which included the £255 being refunded. They were in and out in 5 minutes and he/she just asked for the £255 to be reimbursed by the non-attending claimant (quite often they don't attend).

waamo

When was the ccj given? If it's recently (within the last month) paying immediately will have it removed from the register.

If you don't want to pay it (which should be given serious consideration) then you need to apply for a set aside. The process for obtaining a set aside is detailed in post 2 of the Newbies thread which you have been given a link to.

Let us know your preference and we can go from there.

AnthonyAB

Do you know how likely it will be successful?

I think I will probably do that, to set it aside.

Because I am really !!!!ed off.

AnthonyAB

I've already called the CAB and they put me through to the national debt helpline or something... Useless. "We don't give legal advice". So what is the point? Literally been on the phone all morning.
I want to go and get some legal advice before I apply to set it aside I think.

waamo

If you want legal advice many solicitors do a free half hour session. You can find out if there is one near you by searching here https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Coupon-mad

AnthonyAB wrote: »

I've already called the CAB and they put me through to the national debt helpline or something... Useless. "We don't give legal advice". So what is the point? Literally been on the phone all morning.
I want to go and get some legal advice before I apply to set it aside I think.

OK, but you don't need it.

we do these almost every day.

Rachity is wrong about a set aside with consent (£100 with no hearing...but that is NOT the only cost, of course!) - the PPC would only consent to a set aside if you paid them off in full for a silly amount, so it is NOT a reasonable option. Also you would then have little grounds to get the charge refunded as there would be no claim to defend - you'd have paid it (IMHO only a numpty would choose that).

Better to do a set aside as per the NEWBIES thread, for £255 (can be free - are you eligible for help with court fees? Google it - income based).

Look at any other set aside thread here right now, there are loads. Copy them!