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Where do I even start cleaning up this mess?

2

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
  • jjames1985
    jjames1985 Posts: 136 Forumite
    100 Posts Name Dropper
    waamo said:
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
    No there isn't, not if the reason for you not getting it is because you left without a trace.

    They're not expected to track and trace people across the entire globe.  Where's the eyeroll emoji?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    waamo said:
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
    No there isn't, not if the reason for you not getting it is because you left without a trace.

    They're not expected to track and trace people across the entire globe.  Where's the eyeroll emoji?
    Civil Procedure Rule 13.2 and 13.3 cover it. You should be given the opportunity to defend it. If the court feels you have absolutely no defence they can decline the application to set aside but they are supposed to grant one if the claim isn't acknowledged and is granted in default.
  • jjames1985
    jjames1985 Posts: 136 Forumite
    100 Posts Name Dropper
    waamo said:
    waamo said:
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
    No there isn't, not if the reason for you not getting it is because you left without a trace.

    They're not expected to track and trace people across the entire globe.  Where's the eyeroll emoji?
    Civil Procedure Rule 13.2 and 13.3 cover it. You should be given the opportunity to defend it. If the court feels you have absolutely no defence they can decline the application to set aside but they are supposed to grant one if the claim isn't acknowledged and is granted in default.
    Read 12.3
    The part you conveniently ignored.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    waamo said:
    waamo said:
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
    No there isn't, not if the reason for you not getting it is because you left without a trace.

    They're not expected to track and trace people across the entire globe.  Where's the eyeroll emoji?
    Civil Procedure Rule 13.2 and 13.3 cover it. You should be given the opportunity to defend it. If the court feels you have absolutely no defence they can decline the application to set aside but they are supposed to grant one if the claim isn't acknowledged and is granted in default.
    Read 12.3
    The part you conveniently ignored.
    We don't know the circumstances as to the moving abroad though. As I have said it's not guaranteed one would be granted, it is a possibility though. A set aside with consent is an even greater possibility.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    fiji2020 said:
    I could clear them, but I have read mixed messages about the affect of doing so. 
    If you are unable to accept responsibility and help yourself. Then mortgage lenders may well decide that you don't meet their criteria. Which in the current climate is going to be an even higher bar to jump. 
  • jjames1985
    jjames1985 Posts: 136 Forumite
    100 Posts Name Dropper
    waamo said:
    waamo said:
    waamo said:
    waamo said:
    waamo said:
    The 2015 ccj will drop of your file fairly soon. If you were living abroad you could get the 2017 one set aside. 
    On what basis?
    On the basis of not receiving the paperwork. That's if you were abroad at the time. Alternatively if you are willing to pay the debt you might be able to negotiate getting a set aside with consent. That happens when the other party agrees to a set aside on the condition you pay in full and meet all their costs. 

    A set aside is £255 to apply or a set aside with consent is £100 so a fair bit cheaper. Neither are guaranteed though.
    Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.
    No there isn't, not if the reason for you not getting it is because you left without a trace.

    They're not expected to track and trace people across the entire globe.  Where's the eyeroll emoji?
    Civil Procedure Rule 13.2 and 13.3 cover it. You should be given the opportunity to defend it. If the court feels you have absolutely no defence they can decline the application to set aside but they are supposed to grant one if the claim isn't acknowledged and is granted in default.
    Read 12.3
    The part you conveniently ignored.
    We don't know the circumstances as to the moving abroad though. As I have said it's not guaranteed one would be granted, it is a possibility though. A set aside with consent is an even greater possibility.
    Yes we do.

    " after living overseas for the past 5 years; and paying no attention to it"

    It's crystal clear.  Stop being an apologist.

  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    waamo said:
    jjames1985 Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.

    Two criteria must be met for a succesful set aside.
    (1) You must have good reason why you did not respond to the court papers.
    (2) You MUST have a defense to the claim, for example, you don`t owe the money, or, its not your debt, the OP admits its his debt, the application may fail because of this.
    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-letter
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    waamo said:
    jjames1985 Not receiving the paperwork because you b******d off to another country and didn't tell your creditors isn't a reason to have it set aside.
    Actually yes it is. If you didn't have an opportunity to defend yourself you can apply for a set aside. Whilst not guaranteed there is a very high probability of getting one.

    Two criteria must be met for a succesful set aside.
    (1) You must have good reason why you did not respond to the court papers.
    (2) You MUST have a defense to the claim, for example, you don`t owe the money, or, its not your debt, the OP admits its his debt, the application may fail because of this.
    You don't need point 2 for a set aside with consent. You do have to pay what you owe and all the associated costs though. Plus the other party needs to agree with it. That may be a way forward for the op
  • freesha
    freesha Posts: 435 Forumite
    Part of the Furniture 100 Posts Name Dropper
    How much do you owe in total? And how much have you saved for a house deposit?
    The answer to all this may be staring at your in the face....
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