Civil Enforcement Limited - CCJ Obtained - Wrong adress on letter

Coupon-mad

No, you make sure the friend understands the TWO chances they have.    Explained by nosferatu1001:

https://forums.moneysavingexpert.com/discussion/comment/77922787/#Comment_77922787

Route 1 is unlikely. 

Route 2 should be possible, especially if they understand abuse of the court process by filing four claims and argue for that 'other good reason'.

RINCO

Ok and that’s where the draft defence comes in. It all makes sense thanks and fingers crossed. Hearing is on the 13th Jan 

nosferatu1001

You also need to put down that filing FOUR claims is clearly outside of the overriding objective as well. 

RINCO

The hearing is tomorrow and everything is submitted I'll post back the result 

BTW I got confirmation this is a set aside hearing as expected and the HWF is granted no need to fuss about court costs. 

nosferatu1001

Thats good to hear, however if you have had to take time off work, either as paid OR unpaid leave or just loss of pay, then make sure the court knows. If they decide you get a mandatory set aside under 13.2, then the claimant SHOULD BE on the hook there. 

Le_Kirk

RINCO said:

The hearing is tomorrow and everything is submitted I'll post back the result 
BTW I got confirmation this is a set aside hearing as expected and the HWF is granted no need to fuss about court costs. 

Good luck today.

RINCO

Ok all done! 

Long story short - I sent CEL an email to try and agree court bundles but got no response so I added this to my bundle at the last moment. No CEL representation / documents or contact details were given to the court regarding the hearing 

The judge asked questions on communication history between us and CEL and then decided that because CEL have provided nothing then they can’t have any legitimate interest in pursuing the money and dismissed all claims there and then 

Few questions that have come out of this 

this was a set aside hearing originally I assume this means the cases cease to exist I.e the CCJ’s are now invalid? 

With regards to credit history what is the best method for my friend to get this corrected for future she has had a lot of problems obtaining credit due to this issue. 

What happens next does she get a letter in the post confirming judgement etc...? 

Thanks! 

Le_Kirk

Excellent outcome.

nosferatu1001

Can you be more clear?

1) was the set aside application granted? Yes or no
2) if granted , did the judge then decide the underlying claim,and dismiss that? Yes or no

Assuming 1) is yes, then the ccj has gone, and the CRA will be updated next update - next month 
what would usually happen next is that the claimant would have to decide whether to restart the claim. Just because a judgement is set aside, it doesn't require that the underlying claim has gone as well. The two are different concepts. 

RINCO

nosferatu1001 said:

Can you be more clear?

1) was the set aside application granted? Yes or no
2) if granted , did the judge then decide the underlying claim,and dismiss that? Yes or no

Assuming 1) is yes, then the ccj has gone, and the CRA will be updated next update - next month 
what would usually happen next is that the claimant would have to decide whether to restart the claim. Just because a judgement is set aside, it doesn't require that the underlying claim has gone as well. The two are different concepts. 

Nothing was said regarding set aside he simply said that the claims are to be dismissed