Is it worth asking for a set aside?

gingercheapskate

Hi, I’ve looked but apologies if I have missed it but is there any point in asking for a set aside in these scenarios?

Several of us got hit with CC on the same day as we all parked at the same place (albeit different days) and locally a FB page was set up to deal with this. We were advised to ignore but since being hit with the CC have completed AOS and most of us submitted defences and are at DQ stage and beyond now.

There were a few people who didn’t submit their defences in time for various reasons and are not very tech savvy so i said I’d ask here if it is likely to be accepted for set aside if....

1) one digit on the claim number was incorrect

2) Defence wasn’t received in time and no proof of posting

There are more but I need to get the info tomorrow so will be back then.

We know that the £255 can be awarded as costs but assume this is only with good reason for the defence not being accepted and now these people are wondering whether to pay up to avoid a CCJ or to chance the set aside fee?

Any advice gratefully received - one woman has been told she must pay by close of business on Monday and it’s too late for set aside. Is this correct?

Thanks in advance.

KeithP

Put simply, if County Court Claim Forms have been ignored or not deal with within the timescale allowed then a set aside is unlikely.

Quentin

Set aside application is not an appeal against the decision! Google it to learn the circumstances when you can use it.


If you don't meet the court deadlines you can't use "not being tech savvy" as a reason why the CCJ in default was wrongly handed out!


When you get a CCJ against you it will tell you if there was any stipulation as to when it must be paid by


If you miss that deadline the Claimant can ask for enforcement (eg bailiffs/attachment of earnings etc) straight away


Everyone who gets a ccj against them has it immediately put on their record


If you want to have the CCJ removed from the record pay it off in full within a month of the date of judgement - otherwise it remains blighting your credit status for the full 6 years irrespective of when it is eventually paid off in full

waamo

It sounds like you are looking for loopholes. That's unlikely to go down will for a set aside.

gingercheapskate

Thank you for your replies. So, basically unless it was a good reason - like a judgment being issued without knowledge of the court claim - then all other ‘excuses’ such as missed deadlines/ incorrect claim numbers etc are pointless contesting?

One defendant said that the court issued a judgment stating the claim number was a digit short when in fact it was correct and the court’s error. I would assume that this is a good enough reason to take a punt on the set aside fee?

gingercheapskate

Not at all. Sorry if it came across like that. More so a definitive ‘would this be rejected’ so I can share with people so they don’t waste their money.

A solicitor has advised they can apply for the set aside ‘with good reason’ but people are reticent to chance it without knowing what this means in reality.

Quentin

gingercheapskate wrote: »

One defendant said that the court issued a judgment stating the claim number was a digit short when in fact it was correct and the court’s error. I would assume that this is a good enough reason to take a punt on the set aside fee?

If you mean the defence was deemed not received due to the Court's error resulting in a default CCJ when it had been correctly submitted then that is worth fighting!

KeithP

Ah, if the court has made a mistake, that's different.

Keep on at the court to put right their error.

I am not sure that I would be paying a set aside fee in that situation.

Just prove to the court that they got it wrong.

The_Deep

… and locally a FB page was set up an

Oh dear!

Tech savviness is not a reason not to complete court papers, it can be done on paper and posted.

If you receive all the court papers and ignore them you do not have an automatic right to a set aside, and even if it is granted you are unlikely to get the fee refunded.



bto

gingercheapskate

Sorry if I’m not being clear. The tech savvy bit relates to not being able to post here for advice.

None of these people ignored he papers. They just made mistakes. Some did post their forms but according to the court they didn’t receive them before the cut off.

Another did it online and was a few minutes late.

Another got a digit in the claim number incorrect and so a judgement was issued as the number didn’t match the name on the claim form.

The FB group is a closed group so that we can support eachother through this. People have shared advice from here and details of what to do and when but sometimes things still go wrong.

I will let them know what’s been said and they can decide whether to bother with applying for set aside but it does sound as though it’s unlikely save for the court error- and the court has told her that she needs to pay by Monday also.

gingercheapskate

One more thing. Is a judge likely to be sympathetic to mistakes if someone is experiencing difficulties in their personal life? Or has MH issues? If these could be proven by doctors notes and/ or evidence?