Delayed Request for CCJ Set Aside

omaho

I discovered I had a CCJ following a failed credit check over a year ago.

I did some research on these forums and others and believe I have a good case for getting it set aside.

BUT... I contacted the County Court Business Centre in June last year to get details of the judgement and I am, stupidly, only dealing with it now.

I understand that they are not very lenient in cases where there is a delay in requesting that the CCJ is set aside and you should give a valid reason for the delay.

As I imagine it will be on record that I contacted them last June I don't think I can claim that I've only just found out about it.

And I don't really have a good reason for the delay in addressing it other than its quite a lot for a person with no legal experience to get their head around and I have not had much free time to do it.

Does anyone have any suggestions on how to excuse for the delay?

Or is it not worth applying for it to be set aside as I have missed my window of opportunity?

Any help is much appreciated!

BrownTrout

No it won't be on record as such
However there is case law about set aside delays

Coupon-mad

As I imagine it will be on record that I contacted them last June I don't think I can claim that I've only just found out about it.

Don't mention it.

After all, you don't have to submit the N244 to the CCBC. No idea why anyone does.

Local courts exist, and that's who you want to deal with it and that's where the hearing will be so that's where you hand in your N244, £255 court fee (unless on a low income & qualifying for help with fees), Witness Statement and Draft Order.

We assume the PPC sent the claim form to an old address? That's what your WS should concentrate on proving, that no claim was actually served.

You are meant to act promptly to set aside a CCJ, yes, but no drawing attention to it!

omaho

Thanks again for the responses guys.

Just a quick update. I now have a hearing scheduled in my local county court on Tuesday (30th) next week. I have no experience or idea what to expect.

But could someone confirm if the other party in the case is obliged to provide me with an outline of their counter case or evidence (equivalent to my witness statement)?

I have not received anything other than the court date from the county court.

If they do not provide me with their case in advance is that against the normal procedure and can I use it to my advantage at the hearing?

Many thanks for any input!

Quentin

What is the hearing for?

(Your application for a set aside or their claim)

omaho

It's for my application for a set aside.

The_Deep

Just a quick update. I now have a hearing scheduled in my local county court on Tuesday (30th) next week. I have no experience or idea what to expect.

Every thing you need to know is in the stickies and elsewhere on the internet and you can become an expert in a few hours. Just use google.

Have you read the stickies/FAQs?

omaho

I plan on going through the forum this weekend as part of my preparation.

The question was specifically regarding whether the other party should have supplied me with any documents/evidence outlining their case in advance of the hearing and the implications of not doing so if there are any.

If anyone has any insight that they could share it would be much appreciated.

Quentin

It's unlikely that the claimant will be at the hearing

If it turns out that they have submitted any docs to the court then tell the Judge you haven't seen them!

Le_Kirk

My opinion (IANAL) is that, since this is a set-aside hearing, the claimant's POC, Witness Statement and evidence will already have been supplied to the court (else how else would they have obtained the judgment in the first place) and they would not be required/allowed to submit again, they certainly could not be different.

ciderboy2009

Le_Kirk wrote: »

My opinion (IANAL) is that, since this is a set-aside hearing, the claimant's POC, Witness Statement and evidence will already have been supplied to the court (else how else would they have obtained the judgment in the first place) and they would not be required/allowed to submit again, they certainly could not be different.

If the judgment was granted by default (as appears to be the case here) then the Particulars of Claim (ie: what is on the claim form) will be all that the Claimant has ever provided to the court.

OP - one point to bear in mind. When the case was transferred to your local court the electronic file would also have been "transferred". Therefore, if a note was made on the case record saying that you contacted them a year ago then the District Judge may be able to see it.