Set Aside the Judgment - need advice.

goral

It is not my intention to use any method. I just was surprise I have CCJ
So when I reed on website, if CCJ was issue with not my knowledge, and I can Set Aside the Judgement to clean this. That long story in two sentence. Rest is in my first post.
I just ask (in first post), how to prepare, what document I should bring.
What will be procedure, CCJ will be clean or will stay.
My Set Aside the Judgement is in this week.
And is not about Parking Ticket!!!

twhitehousescat

proof that you were at different address than issued to

proof that you will have good chance when they re issue

and finally PROOF that you updated there data protection officer of change of address

goral

twhitehousescat wrote: »

proof that you were at different address than issued to

proof that you will have good chance when they re issue

and finally PROOF that you updated there data protection officer of change of address

1. Only one proof I not living at this address is letter (final email) from deposit protection scheme, when my tenancy agreement was finish. Is not possible for me to find my former landlord and ask him to be my witness. It was begging od 2016. CCJ is from late 2018.

2. I don't think I understated this point,
3. I not update any data protection officer - I don't even have a clue what it is.

sourcrates

There is no law that states a debtor must update their creditors with a current address.
Most people are easily traceable these days, and making sure court papers are sent to the correct address is down to the due diligence of the company concerned, sending papers to an old address is a "trick" a lot of debt buyers use, however for a set aside to be successful, you categorically need a defense to the original claim, if you haven`t got one, you will most likely lose.
For information on a judgement you should have contacted the court that issued it.

Making an application for a set aside, was a little premature, considering you know nothing about it, just make sure you make it clear to the judge you are unaware of what this debt may be, they may take pity on you, then again they may ask why its taken two years for you to respond.
Chances are, the representative of whoever took you to court may try and come to an arrangement with you prior to the hearing.

goral

I had no knowledge that ccj is till September 2019
I only found out about it when I take insurance, insurance company after a month wrote back to me that they are terminating the insurance contract because I have CCJ. Which was a surprise, even bigger because half a year ago I took a new phone on contract without any problem.
I apply for set aside around one month later because when I reed on website, set aside is about 6 weeks from and I will be not available till December.

What was more surprise for me, it was 2 CCJ! One from 2016 and this from 2018.
First one, send me Consent order to sign. And this one.

I can't make any defence because I have nothing about this debt. No paperwork.
They (claimants) send me letter (which I need to sign) couple days ago about how I will discharging this debt. With nothing else. Also they state they send mi email wit this same. I not received any email. My believes is, probably they email go to spam, and my spam is clear every day as I was received 100+ per day.
I not received any think else from claimants.

sourcrates

That`s all well and good, but as i said above, the court that issued the judgement would be able to tell you the details of the claims against you with a single phone call or email.

You have spent good money applying to set aside something when you have no idea what it is, that is not the correct procedure, you do not have to pay to find out the details of the judgments, only once you know the details, from the court, can you decide if a set aside is viable, or not.

twhitehousescat

you should have sent a SAR to the creditor or creditors legal rep back in septenber 2019 , asking for all information about you held by them

goral

Can you please give me an idea what documents I should bring, proof of terminating tenancy as letter from deposit protection scheme will be enough?
Should I brig letter from insurance about terminating insurance policy because CCJ, as proof when I found out?
What will happen at court?
Do they just will give me all this paper what they send to me at old address plus more fees to pay?
I was never in court before. I have no clue what to expect.

maxximus75

I think possibly, the best advice for you is to make an appointment with your local Citizens Advice and speak with them.


Take with you everything you have regarding this CCJ/debt and explain to them. They should be able to clearly tell you what documents/information that may help you at your hearing.


Good luck!

SusieT

Nobody can tell you what documents you need to take because you have not said who took you to court and got the ccj.
I could say to take your credit card statements, bank statements and a fishing rod - what good would that do if it he ccj has nothing to do with them?
All you can do is take anything as in post 13, and also anything that would prove (IF you had known about the case before it went to court) that you could have defended it. Nobody can say more as you have not given enough information.