CCJ entered against me by BW Legal

SAfricanGirl

Thanks for your help, and Quentin, that’s helped loads.

As I am outside of the UK for the next 5 months, when filling out the CCJ form, do I tick “without hearing”?

Or do I tick “with hearing” and state when I’ll be back...

I’m worried that if I select “with hearing, the judge won’t take in consideration me being unavailable for the next 5 months... and would end in me being a “no show”...

And also if I tick “without hearing”, ultimately losing setting aside the CCJ??

The_Deep

Le_Kirk wrote: »

From the OP: -

Mr Le K, your reply is a logical fallacy.

SAfricanGirl

Also, is not being in the country to be able to read my post (and be in time for response to the 14 day period of letter before claim) a valid enough reason to apply for a set aside?

Quentin

Yes. You have grounds to apply. If you have read up on this then you know that you also need to be able to show an outline of the defence you want to make

You must attend a hearing to get a set aside

SAfricanGirl

Will the judge take me being away for another 5 months into consideration?

Quentin

It would be unreasonable not to!

SAfricanGirl

@Quentin, this letter of defence.. Is this the same as a "witness statement", pretty much entailing why I want this set aside and also my reasons for defending the original claim?

does this have to be in great details?

Quentin

What letter of defence??

Read up on set aside application to learn what is involved in the application.

Lots of advice in the FAQ

SAfricanGirl

You stated "show an outline of the defence you want to make" - is this defence to do with the CCJ being set aside or the original reason why I have the CCJ...

Quentin

You do need to read up on what's involved in a set aside.

See the newbies faq thread. #2 there covers county court claims and has a section devoted to your issue, together with links to further advice on what is involved