UKPC agree to set aside CCJ

Samalice

Hello,
My husband is due in court on Thursday 6th June hoping to set aside a CCJ that he found out about in January this year. This was incorrectly served at a previous address and was put on his credit file last May.
Today he received a letter from SCS Law stating,

"Upon further consideration, the Claimant will consent to the judgement being set aside, provided that there be no order to costs (the judgement being a regular one), and provided the Defendant file with the Court and serve upon the Claimant a defence, within 14 days of the order setting aside the judgement, and that standard directions be given for a Small Claims Hearing."

What does this mean in terms of the hearing on Thursday? Can the judge still order UKPC to pay our court fees & will we have to pay more fees to file a defence of our original parking tickets within 14 days? How do we even go about doing this? I'm hoping someone at the court on Thursday will give us some guidance on what to do next.

Sorry for the ramble the letter has come as a bit of a surprise. We originally had a court date of 28th May but the judge went missing so we were sent home!!

Thanks in advance for any help.

Quentin

When you apply for a set aside and it goes to a hearing then if you win at the hearing, the ccj is expunged from the records


But the Claimant can then reinstate their claim against you.


Though this time you can defend the claim and let a Judge decide if you do or don't owe the money


Your Claimant is now saying no need for a set aside hearing as they agree to it, subject to you agreeing their "conditions"!


Which include you paying the set aside costs and sending in your defence to the original claim (there are no direct costs to a defendant when sending in a defence - you only get "hit" with any costs if you lose the subsequent hearing)



Were you to let this go to a set aside hearing then it is likely that the judge would allow the set aside but still insist on the case continuing and you having to defend or pay their claim

Find the parking forum (a sub forum of the motoring forum here)


There you will find a FAQ thread which gives lots of advice on set asides and court clasims from private parking companies

Quentin

Is there any reason why your application for a set aside went in so late after discovering the CCJ on the records in January?


(One of the requirements for winning a set aside is that you apply as soon as possible after discovering the CCJ against you)


It may be worth agreeing to the Claimants offer in order to get a set aside and start again rather than risk getting the application thrown out if it was made late

Samalice

It didn’t go in late, we found out on the 3rd Jan, it went in on the 9th Jan.
It’s taken this long for the court to fit us in. Original court date was 28th May but judge went AWOL so we got a new date of this Thursday.