CCJ set aside question -*Success*

AbundantBudget

I asked for CCJ to set aside in December. In the beginning of January received a letter from Northampton Court that my case has been transferred to a local county court on 31 December. Since then I haven't heard anything. Is it normal for a local county court to take long time to answer and tell me when a new hearing will be? The reason for set aside was wrong address used by DRA I just afraid that a local court sent their letter to wrong address again even I told them my correct address on N244 form.

Prior to finding CCJ on my credit report I was told by DRA that they don't have CCA. It was a couple of years ago, haven't heard from them since. Now after CCJ appeared on my report and I requested to set it aside I made SAR request again as I can't find the letter where DRA told me that my debt is unenforceable. DRA promised to answer before 7th of February.

On the same day when I receive an acknowledgment letter from DRA, I received a letter from Barclaycard who is an original creditor that they want to pay me £75 inconvenience money and I need to claim it before 7th of February as they apparently transferred money from my another account without telling me upfront. First of all I don't remember them taking any money from me, secondly I don't believe in coincidences. Why both letters arrived on the same day and have the same deadline of 7th February? The debt defaulted in 2015, very strange that Barclaycard remembered about me in 2020.

If I'll send refund request can DRA use it against me at the new hearing at local court? Will it be seen as acknowledgment of debt?

sourcrates

Hi,

Ok, two questions, what is DRA ?

What is your defence to the claim ?

AbundantBudget

sourcrates wrote: »

Hi,

Ok, two questions, what is DRA ?

What is your defence to the claim ?

Hi, I thought it called Debt Recovery Agency, basically debt collector. My defense for set aside is wrong address where I never lived, the mistake is in the flat number only, all other information is correct, which means I never received any correspondence, court forms, the judgement. For the debt itself the defense is that the debt collector can't produce CCA. If in unfortunate circumstances they produce the CCA I'll pay the debt but at least I don't have CCJ mark on my report as I'll pay it straight away.

If I claim the 'inconvenience' refund will it make my defense more difficult?'

sourcrates

You need a reason why you did not respond to the court papers, you also need a defence, a defence would be you don’t owe the money, anything else your wasting your time and money.

Judgement has already been granted, they don’t have to provide anything now, you don’t have a defence unfortunately.
Sorry.

AbundantBudget

Thank you for your response. My question was how long it takes to get a response from a local court after a transfer from Northampton business centre and can I request a refund without worsening my situation. I didn't ask about my defense.

cymruchris

sourcrates wrote: »

You need a reason why you did not respond to the court papers, you also need a defence, a defence would be you don’t owe the money, anything else your wasting your time and money.

Judgement has already been granted, they don’t have to provide anything now, you don’t have a defence unfortunately.
Sorry.

If the original documentation had been sent to an incorrect address - that in itself is grounds for a set aside - but one that puts you back to the position before the CCJ - so that the claimant can claim once again - this time submitting the papers to the right address. In this case - that's what has happened - so the OP can claim for a set aside.

In terms of the OP's question - when I applied for my own set aside - I received a similar communication to you - the first letter received told me that it had been assigned to a particular court (Not the one I'd submitted my papers to) and the second letter then gave me the date and time - it was probably about two weeks after receiving the first letter to getting the second, but I imagine it will depend on court schedules - you obviously have your reference number on the paperwork - why not pop into the court and ask?

AbundantBudget

cymruchris wrote: »

If the original documentation had been sent to an incorrect address - that in itself is grounds for a set aside - but one that puts you back to the position before the CCJ - so that the claimant can claim once again - this time submitting the papers to the right address. In this case - that's what has happened - so the OP can claim for a set aside.

In terms of the OP's question - when I applied for my own set aside - I received a similar communication to you - the first letter received told me that it had been assigned to a particular court (Not the one I'd submitted my papers to) and the second letter then gave me the date and time - it was probably about two weeks after receiving the first letter to getting the second, but I imagine it will depend on court schedules - you obviously have your reference number on the paperwork - why not pop into the court and ask?

Thank you. I'll phone the local court tomorrow.
My only concern there are horrible reviews about this particular court on internet that they don't answer the phone, rude and send documentation to the wrong addresses. Hopefully I'm lucky and get the answer.

cymruchris

AbundantBudget wrote: »

Thank you. I'll phone the local court tomorrow.
My only concern there are horrible reviews about this particular court on internet that they don't answer the phone, rude and send documentation to the wrong addresses. Hopefully I'm lucky and get the answer.

If no luck on the phone - walk on in - if you have the time.. They can't ignore you then.

WhenIam64

If no luck on the phone - walk on in - if you have the time.. They can't ignore you then.

You've not been to a court recently then.

Most courts are now stripped of a "help desk" and there will only be security there who will tell you to write to the Court Manager (or email). Your request for a set-aside will be in a very long queue but they will get round to you IF you have paid and IF you have filled out the forms correctly.

My only concern there are horrible reviews about this particular court on internet that they don't answer the phone, rude and send documentation to the wrong addresses. Hopefully I'm lucky and get the answer.

Often staff are exasperated by people being given the wrong advice about what they can and cannot do. Expecting an answer from people who have no answers to give or expecting legal advice from people who are not there to give legal advice is just a recipe for frustration.

Either learn about the system (Civil Procedure Rules), or see a solicitor, or see a legal charity or wait for the paperwork which will come. See IF comments above

AbundantBudget

WhenIam64 wrote: »

You've not been to a court recently then.

Most courts are now stripped of a "help desk" and there will only be security there who will tell you to write to the Court Manager (or email). Your request for a set-aside will be in a very long queue but they will get round to you IF you have paid and IF you have filled out the forms correctly.



Often staff are exasperated by people being given the wrong advice about what they can and cannot do. Expecting an answer from people who have no answers to give or expecting legal advice from people who are not there to give legal advice is just a recipe for frustration.

Either learn about the system (Civil Procedure Rules), or see a solicitor, or see a legal charity or wait for the paperwork which will come. See IF comments above

Thank you for your response. I paid the fee and I believe I filled out the forms correctly. I am happy to wait for the hearing itself I'm just concerned that the letter will be again sent to the wrong address.

cymruchris

WhenIam64 wrote: »

You've not been to a court recently then.

January this year for a set aside hearing - they had a helpdesk.