CCJ VCS advice needed

Le_Kirk

You have presumably applied for a set-aside (form N244) and submitted your six-point draft order and witness statement, have a good defence and a costs schedule in your back pocket. This date then is surely the hearing for the set aside.

nosferatu1001

...if you HAVENT done all of that, then you need to!

Le_Kirk

Provided, as nosferatu says, you have done all of that!

nosferatu1001

Did you actually do every thing we asked you abpout?

Answer the question, otherwise we cannot possibly help you.

Egf

Hi. How did you get on?
I need to send my set aside application for vcs too.
My issue:
Fine issued incorrectly
To a house where tenants live

Should I wait for proof from dvla before submitting the set aside application?

McOfson

hi egf
I'll be honest I'm not sure. I don't really know what I'm doing at this point. I've followed all the advice on here when I found out about the ccj and then filled out the n244 form , attached a draft order, witness statement and defence (as advised on this thread, and its on here as well) then paid the money and waited for a date.

I've now got a court date for the set aside to be heard, but I'll be honest, I've no idea what to do now...
I don't know if I need any more evidence than what I have submitted or what I need to say when I get to court? I've never been in court so don't know what I should say/ do in defence?

nosferatu1001

Then you need to be reading every thread about CCJ set asides you can!

Thats what you can do

Egf - you have a limited time - 14 days or so - to file your set aside application, as you will have found out from reading those threads. If you dont have the DVLA info then you have to file anyway.

dufflers

I had a set aside hearing recently, circumstances slightly different but if you've followed everyone's advice about what evidence to bring you won't need anything else.

You should know what you need to argue so read up on your defence points, just in case the judge wants you to prove you have a reasonable chance of success if the claim continues

I know it's been mentioned but you must mention the costs to the judge (£255 set aside fee, or get them reserved
It's not too scary when you're in there, try to get the judge onside so be polite etc etc
Good luck

henrik777

McOfson wrote: »

hi guys
I've had an without prejudice set side with consent email from vcs before my set aside hearing...
shall I ignore? what should i do?

Decide if you're happy and proceed in the direction that you feel suits what you want best.

Can't say more because i don't know what YOU want/need AND i don't know what the terms of the actual offer are.

Coupon-mad

McOfson wrote: »

hi guys
I've had an without prejudice set side with consent email from vcs before my set aside hearing...
shall I ignore? what should i do?

As Henrik says, it is up to you. Here are the two choices as I see it:

If you have grounds to defend the case after it is set aside and no wish to pay VCS a penny, on principle, you should ignore the 'offer' (it's normal by the way, to get this so-called offer, as they just want their pound of flesh = money). The so-called 'offer' is bound to be three figures...so IMHO what's the point of shelling out and sponsoring the very scam that has upset you so much?

But trying to be pragmatic and biting my tongue a tad:

If you are a quivering mess who wants it all over even though it means funding the scam to get rid, you might go the other way.

I don't know if I need any more evidence than what I have submitted or what I need to say when I get to court?

We almost never see any contested (£255) set aside applications lost. I can recall just one refused in about 5 years here now, and all people are exactly like you - scared and not knowing what to expect. But they get their CCJs set aside, where the claim was not sent to the right address or was not received/served for whatever reason.

If you search this forum for 'set aside Judge satisfied' as your keywords - and change the default advanced search to show results as posts - and read ALL the results one by one, there is a good summary someone posted a few months ago, as to what to say to satisfy the Judge.

All the search results will help calm you down, so well worth doing that and reading.