CCJ VCS advice needed

Coupon-mad

advice/tips etc from others who had gone through the same thing.

And that is exactly what this forum search, when done properly to SHOW POSTS (not threads) will take you to:

Read a few of the successful set-aside cases posted on here by searching for

set aside judge satisfied

as your keywords

McOfson

Thank you. it's tomorrow .. I think I have satisfied what the judge may need. I was prompt with the application, I have a good reason for not addressing the claim (i wasn't in the country) and I have a good chance of defending it as the original ntk was out of the stipulated period so no keeper liability ect.
does this sound about right?

Coupon-mad

Yes, it doesn't sound like you need to worry. Does henrik777's info help?

https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17

henrik777

Cases where the court may set aside or vary judgment entered under Part 12
13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.



You're seeking a discretionary set aside as i recall.

That's the rule above.

So you need a reasonable prospect of defending a claim

OR

The court agrees there is a good reason for set aside. (some may think a trashed credit file is this others not) or you should be allowed to defend the claim.


In allowing this the court must consider if you acted promptly.




So your job is to persuade the court you acted promptly enough and either you have a realistic chance of defending OR there's a good reason or they consider you should be allowed to defend.


Prompt enough +1 = set aside.

It's that simple.

[Deleted User]

You may have already got this prepped, but having a written defence ready to produce to the court (even in draft form) can be a handy tool to a) marshal your thoughts when speaking and b) evidence that there is a cogent defence ready for this.

Most do get set aside. Just applied for a default judgment in one of my cases this week. The claim is worth £6m and I'm fully expecting judgment to be set aside when my opposite number realises! Good luck.

Le_Kirk

Le_Kirk wrote: »

.... in your back pocket, a synopsis of your defence against the original parking claim - just in case the judge asks.

Johnersh wrote: »

.....having a written defence ready to produce to the court (even in draft form) can be a handy tool to a) marshal your thoughts when speaking and b) evidence that there is a cogent defence ready for this.

Well, there you go, Johnersh is a legal-type so I would take that as extremely good advice.

McOfson

hello.
thank you for your advice on this. the set aside was granted. the judge said I need to have a statement of truth and a defence sent to court within 14 days.
I was very nervous and my mind shut down after that so I'm not sure what happens now. do I have to have another day in court?

Redx

Yes , the original Court claim hasn't gone away , hence the advice and directions from the Court and judge

The set aside was one hurdle , now you have to defend the original court claim which is why you must do all the paperwork as instructed

McOfson

can i not just pay it? I found it too stressful to go to court.

Coupon-mad

You can but why would you pay £200-odd rather than nothing? And by doing so, you are joining the funding and sponsoring the scam business model.

Not something even for an intimidated person to want to do.

And you've been to court once so you know the Judges are not that scary! You did very well and we can help you win this. what did the Judge say, is he going to issue an order in the post telling you what to do?

Have you emailed a SAR to VCS for the evidence and letters, so you know more? Do that - today by email, using VCS' privacy page (Google it) if you are not sure what evidence they have. Get that data and evidence asap - a SAR will show you all the photos and letters.