CCJ Civil Enforcement ltd response to me following my set aside application

DTDutch

Hi all,

Just an update, the court hearing is this week.. Friday. Yes I had been pretending it didn't exist for a couple of weeks during the festive season cause the anxiety gives me migraines but it has to be done. Arrgghh

Thanks Coupon-mad CEC16's outcome is amazing, without stepping a foot in court.
I've been following the brilliant advise on here and putting everything together, printing everything off. I should charge CEL for my toner!

Argh I hate these people. Literally minding your own business trying to get by in life and someone just BAMM messes you up like this. This isnt right. I'm so angry and perplexed at how easy it is to get a judgement against someone.

Quick question.. should I be printing 3 copies of everything for court? For myself, the Judge and CEL

Thanks again all, I'll let you know what the outcome is- good or bad. Thanks for all your help

waamo

DTDutch wrote: »

Hi all,

Just an update, the court hearing is this week.. Friday. Yes I had been pretending it didn't exist for a couple of weeks during the festive season cause the anxiety gives me migraines but it has to be done. Arrgghh

Thanks Coupon-mad CEC16's outcome is amazing, without stepping a foot in court.
I've been following the brilliant advise on here and putting everything together, printing everything off. I should charge CEL for my toner!

Argh I hate these people. Literally minding your own business trying to get by in life and someone just BAMM messes you up like this. This isnt right. I'm so angry and perplexed at how easy it is to get a judgement against someone.

Quick question.. should I be printing 3 copies of everything for court? For myself, the Judge and CEL

Thanks again all, I'll let you know what the outcome is- good or bad. Thanks for all your help

Quick answer yes.

DTDutch

Thanks waamo

henrik777

The court needs a copy of everything. The opponent needs a copy of everything. You probably need a copy of everything.

Usually most of it is sent in advance. Often someone won't have it. A spare set is a good idea.

DTDutch

Just so I'm clear, in addition to the Witness statement I already sent with the N244 form, I can also send in advance to the court all the docs/ articles I've put together for the actual set aside hearing?

henrik777

DTDutch wrote: »

Just so I'm clear, in addition to the Witness statement I already sent with the N244 form, I can also send in advance to the court all the docs/ articles I've put together for the actual set aside hearing?

You can. Don't be despondent if they lose them. It's a regular occurrence.

DTDutch

Thanks! Ive printed 3 copies of everything and just handed the judge's copy to the usher. Hearing is at 3:30pm, CEL are not here.. yet. Pray for me lol wishing I had vodka instead of water in my water bottle.

I'll update this eve.

Thanks again people

DTDutch

Hello!

CEL didnt turn up to the set aside hearing. But the judge said they wrote to the court agreeing to the set aside only.
So it will be ordered for the CCJ to be set aside.

I'm not sure at what point judges read statements sent in with application forma etc but I dont believe that the judge had looked at the pack I submitted to the usher or at the statement I added to the application form but that he set the judgement aside because CEL had agreed to it. So the part about dismissing the claim entirely was never addressed, if he had even read the statement and had been aware that this was something I was asking for.

The judge said I would receive a letter with directions in the post and I mentioned the incomplete SAR I received from CEL and stated I would need more info in order to meaningfully defend the claim
The judge stated that the issue of the inxomplete SAR could only be raised by complaining to the information commissioner and that for the purpose of the hearing, CEL only have to provide evidence to support their claim nothing more.

So a hearing will be scheduled giving me an opportunity to defend the claim.

In all it took about 15 minutes and that was only because I was asking the judge a lot of questions.

Could anoyone please explain the process of the CCj being struck off my record? When the judge makes the order do I have to call credit agencies to remove the CCJ, how is it actually done from this point onwards and how long does it take?

Thanks!!

henrik777

Could anoyone please explain the process of the CCj being struck off my record?

I think the court notifies trustonline.

When the judge makes the order do I have to call credit agencies to remove the CCJ,

I don't believe you do.

how is it actually done from this point onwards and how long does it take?

It's now a normal court case, and the judges order is the next step. If you don't get it within 10 days call the court.

It can take a few weeks or months depending on how rammed your local court is.



Did you ask for costs ?

DTDutch

No.. I didn't mention costs. I applied for help with help fees and was given a number to put on the N244 form. I assumed this meant I didn't have to pay for the court fees?
Does the second hearing incur additional court costs?