CCJ Set Aside Success

edited 30 November -1 at 1:00AM in Credit File & Ratings
3 replies 601 views
Quinton715Quinton715 Forumite
36 Posts
edited 30 November -1 at 1:00AM in Credit File & Ratings
Hi all,



I know this has probably been posted many a times before but I was just wanted to say thanks for all the help and guidance, have been for my first court hearing to get the CCJ removed and I was successful thanks to some on here.

Some people did question my time frame of getting my application submitted 'in good time'. I took around 5-6 weeks to submit the application from when I discovered it, however I had a solid reason as to why this was and had the evidence to back this up - the judge was happy with this and granted set aside.

I have now received the defense from the claimant, I am very tempted to just send a letter direct to them to request to settle it between us, stating I am happy to pay the outside amount so it's over and done with. If I do go down this route and they accept, I am assuming I won't be entitled to have the £255 fee I paid for the N244 application for set aside refunded?

Thanks again for all your help,


James

Replies

  • Quinton715 wrote: »
    Hi all,



    I know this has probably been posted many a times before but I was just wanted to say thanks for all the help and guidance, have been for my first court hearing to get the CCJ removed and I was successful thanks to some on here.

    Some people did question my time frame of getting my application submitted 'in good time'. I took around 5-6 weeks to submit the application from when I discovered it, however I had a solid reason as to why this was and had the evidence to back this up - the judge was happy with this and granted set aside.

    I have now received the defense from the claimant, I am very tempted to just send a letter direct to them to request to settle it between us, stating I am happy to pay the outside amount so it's over and done with. If I do go down this route and they accept, I am assuming I won't be entitled to have the £255 fee I paid for the N244 application for set aside refunded?

    Thanks again for all your help,


    James

    Good for you :T

    Can I enquire, did you explain to the court that you were not disputing the claim, as evidenced in your post here that you are now willing to settle the claim direct with the claimant?

    If so, then it would indicate the DJ ha made a significant error of judgement.

    Or did you simply lie by omission to the court with your application?

    :cool:
  • Hi There,


    Appreciate your help and thanks again.


    I did not say to the court I am not disputing it as I am happy to dispute it, I have only put the suggestion here as I didn't realise this was an option until reading the posts on here.

    I thought by offering to settle it direct with the claimant and offering to pay even when I think they are wrong, I assumed this would taken into consideration of being 'reasonable' since I want to put it behind me. If I need to go to court and dispute it I'm more than happy to do this and re-file my defense.

    Can I say in my defense I am willing to settle on a figure to pay or is this considered as 'admitting fault'.


    Thanks,


    Q
  • Declan1992Declan1992 Forumite
    62 Posts
    You wouldn’t plead guilty for a crime you didn’t do so why would you even in a county court?

    Shooting yourself in the foot and setting yourself up to fail there.

    Make a strong and factual defence that focus’s on the facts and not opinion.
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