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CCJ set aside question -*Success*
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they had a helpdesk.
It certainly makes life easier IF there is one but the trend is to cut costs, close courts and move online.
Which one was that?
For the OP, here are the changes in courts
https://www.nao.org.uk/other/hm-courts-tribunals-estate-visualisation/
The intent is for there to be a court within 1 hours travelling time. So if there is no one there, you could end up with a 2 hour round trip just to stand there to be told to phone, write or email. Personal appearances at a court (unless invited ;-) ) are not encouraged.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
An update. After a very long wait on the phone with no answer I sent them an email which was answered in couple of minutes. Apparently they have a delay in processing cases, I was told to wait for at least 10 working days before contacting them again if I don't receive any correspondence. Luckily I am a patient person :A# 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.000
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Does anyone know if CCA requested by SAR will have an original address and a last name I had at the time of opening an account or current/another address I lived at and the current last name? I received a copy of CCA but I expected CCA to have the name and address of the time of opening of the account on it. I also had a second cc with Barclaycard and the name and address more in line with the second account than with the one I requested info for.# 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.000
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AbundantBudget wrote: »I asked for CCJ to set aside in December.
. . . On the same day when I receive an acknowledgment letter from DRA, I received a letter from Barclaycard who is an original creditor . . . The debt defaulted in 2015, very strange that Barclaycard remembered about me in 2020.
If Barclaycard was the original creditor who is the current debt owner who's named as the Claimant on the Default Judgment (the CCJ) ?
I'll take a guess it's either Hoist or PRA who are bulk issuing at the moment.
This matters because depending on your answer you may have a potential legal argument in relation to the Assignment to include in your Draft Defence which you could have attached to a Witness Statement when you made your Application to Set Aside.
I would expect you to receive a Notice of Hearing from your local court (assuming you requested a Hearing?) which will include Directions about filing evidence.
Di0 -
The claimant is PRA. What should I include in defence that Barclaycard refunded me for inconvenience caused? Or do you mean something else?# 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.000
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AbundantBudget wrote: »The claimant is PRA. What should I include in defence that Barclaycard refunded me for inconvenience caused? Or do you mean something else?
As i said above, a set aside just takes things back to the pre-action stage, you will still need a defense to the claim they are making.
In your case a possible defense would be you don`t owe the money, or the amount they are claiming is wrong, or its not your debt, something along those lines i would assume.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
sourcrates wrote: »As i said above, a set aside just takes things back to the pre-action stage, you will still need a defense to the claim they are making.
In your case a possible defense would be you don`t owe the money, or the amount they are claiming is wrong, or its not your debt, something along those lines i would assume.
Thank you for the reply. To support my defence I have now a copy of a letter from PRA that the debt is unenforceable, if I understand it right they don't have CCA for the alleged debt, the copy of CCA they sent to me is for a newer card I had with Barclaycard (the last name and address on CCA suggest that), this card repaid and closed one.# 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.000 -
cymruchris wrote: »If the original documentation had been sent to an incorrect address - that in itself is grounds for a set aside
I agree
And so does CPR 13.2 which says this is mandatory not discretionary
Di0 -
Thank you to everyone for the advices, the set aside was successful. I'm now at the square one and need to submit a defence. Does anyone know how long after the hearing a removal of CCJ from the CRA records takes?# 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.000
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Can I ask how long this took you?AbundantBudget said:Thank you to everyone for the advices, the set aside was successful. I'm now at the square one and need to submit a defence. Does anyone know how long after the hearing a removal of CCJ from the CRA records takes?0
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