Ccj how/can mine be set aside

pumpkinpie2902

Hello,

I was wondering if someone could possibly give me some advice around getting a ccj set aside. 

I have only just seen the ccj applied to my credit account (i dont check it very often, i previously had debts and thought not really much point in looking), this ccj was added in March 2018, however I have never received any paperwork around this so was unaware that it was going to court. (I do have some unpaid debts unfortunately dating back 8 years ago, when I was young and stupid). 

What I wanted to ask was can this ccj be set aside, I would like to pay the amount thats been set however I would like the CCJ removed (i never had a chance to pay the amount within a month for this option). 

Backround- I lived at an address 10 years ago, and since then I have moved twice. The company in question (lowell) who have done the ccj had my current address in 2017, however I received nothing here. CCJ dated march 2018 (I called them and they said that its possible "someone" called and told them i don't live at my current address or that the mail was returned to them, they couldn't tell me for sure). So they sent the court letters to my address of over 10 years ago instead. Baring in mind that was not my last previous address it was the one before that and had never been used for the account in question at all.

I did call them today and the lady on the phone was quite hostile towards me when I was questioning all of the correspondences. She just said look "why do you want to know when we sent letters its whats owed, its enforceable you can pay online or we can send bailiffs". I was utterly shocked at being spoken to this way, just for asking for dates and addresses.

So in simple terms can I get this set aside and sort payments or is it best to pay and just have it sat there for 6 years?

Please no need for people to say its my fault, pay and deal with it (this is what I'm trying to do) I honestly would just like to know peoples experiences if similar to mine, what they did or what people think is my best options.

Thank you ever so much in advance.

D3xt3r5L4b

You’ll be contacted on your last known address.
Its not a lenders job to chase you for an updated address if you don’t update them. 

onlyfoolsandparking

D3xt3r5L4b said:

You’ll be contacted on your last known address.
Its not a lenders job to chase you for an updated address if you don’t update them. 

Whilst factually correct, this offers very little in the way of advice to the OP, well done!

Others will hopefully be along to give you some helpful advice at some stage OP.

D3xt3r5L4b

onlyfoolsandparking said:

D3xt3r5L4b said:

You’ll be contacted on your last known address.
Its not a lenders job to chase you for an updated address if you don’t update them. 

Whilst factually correct, this offers very little in the way of advice to the OP, well done!

Others will hopefully be along to give you some helpful advice at some stage OP.

Sorry.
You added what with your reply?

onlyfoolsandparking

D3xt3r5L4b said:

onlyfoolsandparking said:

D3xt3r5L4b said:

You’ll be contacted on your last known address.
Its not a lenders job to chase you for an updated address if you don’t update them. 

Whilst factually correct, this offers very little in the way of advice to the OP, well done!

Others will hopefully be along to give you some helpful advice at some stage OP.

Sorry.
You added what with your reply?

That others will hopefully be along to give the OP some advice about 'set asides' as I'm no expert in that field, come on Gary keep up!

waamo

Your best bet is a set aside with consent. That means you contact who you owe and offer to pay what you owe if they agree to consent to a set aside. You will also have to make it clear to them you will pay all the fees for this.

The court fees for this are £100 compared to £255 for a contested set aside. The other beauty of a set aside with consent is that they are usually rubber stamped by the court whereas a contested one needs a decent defence as well. 

Your first stage, therefore, is to see if the creditor will go for it. Many do as it's guaranteed money in the bank for very little effort.

pumpkinpie2902

D3xt3r5L4b said:

You’ll be contacted on your last known address.
Its not a lenders job to chase you for an updated address if you don’t update them. 

I did put that they have had my current address but claiming that "maybe" someone told them I no longer live here or returned post....neither of which I have done. 
However thank you for your input.

pumpkinpie2902

waamo said:

Your best bet is a set aside with consent. That means you contact who you owe and offer to pay what you owe if they agree to consent to a set aside. You will also have to make it clear to them you will pay all the fees for this.

The court fees for this are £100 compared to £255 for a contested set aside. The other beauty of a set aside with consent is that they are usually rubber stamped by the court whereas a contested one needs a decent defence as well. 

Your first stage, therefore, is to see if the creditor will go for it. Many do as it's guaranteed money in the bank for very little effort.

Thank you so much this is very helpful, I will contact them tomorrow and see if its something they would accept.

sourcrates

Contrary to popular belief, a creditor should do due diligence when sending out court claims.
Its all set out in the civil procedure rules, sending claims to an old address, knowing the debtor doesn’t live there, is against guidance.
In this day and age, you are not hard to trace.
OP your best option is, as above, a set aside with consent, by paying the debt in full.

With a normal set aside, you need a defence, and you don’t have one.

[Deleted User]

waamo said:

Your best bet is a set aside with consent. That means you contact who you owe and offer to pay what you owe if they agree to consent to a set aside. You will also have to make it clear to them you will pay all the fees for this.

The court fees for this are £100 compared to £255 for a contested set aside. The other beauty of a set aside with consent is that they are usually rubber stamped by the court whereas a contested one needs a decent defence as well. 

Your first stage, therefore, is to see if the creditor will go for it. Many do as it's guaranteed money in the bank for very little effort.

Sorry for jumping in, but is there much success with this method?

I owe TM Legal on a CCJ, I have the money to clear it in one go and definitely would be interested in paying the frees for a consented set aside if they were likely to accept. I'm going to email them today. 

D3xt3r5L4b

Deleted_User said:

waamo said:

Your best bet is a set aside with consent. That means you contact who you owe and offer to pay what you owe if they agree to consent to a set aside. You will also have to make it clear to them you will pay all the fees for this.

The court fees for this are £100 compared to £255 for a contested set aside. The other beauty of a set aside with consent is that they are usually rubber stamped by the court whereas a contested one needs a decent defence as well. 

Your first stage, therefore, is to see if the creditor will go for it. Many do as it's guaranteed money in the bank for very little effort.

Sorry for jumping in, but is there much success with this method?

I owe TM Legal on a CCJ, I have the money to clear it in one go and definitely would be interested in paying the frees for a consented set aside if they were likely to accept. I'm going to email them today. 

What type of debt is it?