CCJ issued by Excel at my place of work!, options for getting it set aside?

Coupon-mad

Thanks coup, there's no named judge on the hearing though! I'm just dealing with the Admin guy at my local court!

You don't have a Judge's order giving you the hearing date of next week?

aardll

Hello all,

Hearing was today. Judge was concerned that excel weren't aware that the second one they'd filed was also being heard on the same day but I've an email confirming from the court that this was the case. Both were successfully side aside.

Thanks for everyone's help and support with this.

It doesn't exactly feel like a win though to be honest. The judge ordered them to serve the original claims to my current address. Obviously I'd now have to go to court to argue the original claim and I'd only get my costs back if I won. Based on the fact that when they got my details from the DVLA that was the address they held that isn't gonna work as an argument in court.

If I settle now I'm 330 out of pocket for what they want on the CCJs and 560 for the court fees for applications to set aside.

DoaM

aardll wrote: »

Based on the fact that when they got my details from the DVLA that was the address they held that isn't gonna work as an argument in court.

Why does that matter? The judge has ordered the claims to be reset back to the beginning ... where they filed the original claims is now irrelevant.

The judge didn't award you your set-aside fees back? Or did he/she reserve costs to the new hearings?

IF they restart the claims (there's no guarantee they will - did the judge give them a timescale in which to do so?) then you include the set-aside fees in your costs schedule. If they don't then there's nothing to stop you raising a claim against them for your costs.

As the claims have been reset there's nothing to pay ... so the £330 settlement (£165 per claim presumably ... £60+ of which is probably debt recovery costs that they haven't incurred and is "an abuse of process") is an irrelevance.

Quentin

A set aside is just that

You misunderstood if you were under the impression that a successful set aside meant the claim was bound to be dismissed too!

Why would you settle now after going to the expense of 2 set asides??

ardll

When he said reset the claims I'm assuming he means the original ccjs that they raised were defective not that the original charges (30 pounds each they would have been)?

@Quentin no I was aware a set aside was just that.

What are the options now then?

ardll

DoaM wrote: »

Why does that matter? The judge has ordered the claims to be reset back to the beginning ... where they filed the original claims is now irrelevant.

The judge didn't award you your set-aside fees back? Or did he/she reserve costs to the new hearings?

IF they restart the claims (there's no guarantee they will - did the judge give them a timescale in which to do so?) then you include the set-aside fees in your costs schedule. If they don't then there's nothing to stop you raising a claim against them for your costs.

As the claims have been reset there's nothing to pay ... so the £330 settlement (£165 per claim presumably ... £60+ of which is probably debt recovery costs that they haven't incurred and is "an abuse of process") is an irrelevance.

Yes they were he said if it goes to trial and I win I'd get the costs back.

KeithP

I wrote this on another thread earlier this afternoon:

KeithP wrote: »

You have alleged that you didn't get a fair opportunity to defend your self against the original claim and the Judge agreed with you.
The Judge therefore 'rewound the clock' undoing the Judgment against you - awarded a set aside.

The Claimant now has the opportunity to re-present the claim where you will have a fair chance to defend yourself.

At this precise point in time there is no CCJ against you, but if you fail to successfully defend the re-presented claim, a CCJ will again be recorded against you and you will need to pay what the Judge orders in the timescale given to avoid a lasting CCJ affecting your creditworthiness.

Does that help?

DoaM

ardll wrote: »

Yes they were he said if it goes to trial and I win I'd get the costs back.

And did he give them a timescale to reissue the claims? You're really not helping us help you.

Try and note down everything you can remember and post up a brief Court Report. It'll help us, and it'll help you.

ardll

OK, he said they have 14 days to file claims to my correct address.

He then said I have 28 days after that date to file a defence.

Quentin

So if they fail to comply it should be the end of the matter and you can start to pursue them for your costs

If they comply then you must do so too.

The claims start again from the beginning