does a ccj set aside push the clock back?

foreverinhope

Im waiting for a ccj set aside hearing. The original ccj was brought 5.5 years after the default. Although im arguing that it was over 6 years.

Anyway, after the time taken to get the set aside hearing and assuming it does get set aside, it will be well over 6 years from default date.

Does that mean the claimant can no longer start a new ccj process?

sourcrates

If, your application is successful, you will be put back into the position you were in before the judgement was granted.

Although I find it odd that if you agree the claimant started legal action well within the limitation period, what possible defence have you submitted ?

fatbelly

It pushes it back to the initial claim stage. So the date of claim stands but you get the chance to put in a defence.

If it wasn't statute barred at the date of claim, it still isn't.. But the claimant has to prove that.

How are you arguing  that it was over 6 years if the claim was brought 5.5 years after the default? 

foreverinhope

Hi,

I believe its statute barred. No acknowledgement or payment made in over 6 years. But Hoist say a payment was made 5.5 years before the ccj claim. My statements dont go back that far but i dont recollect any payment and have never received any receipts or balance updates from Hoist. My credit file also doesnt show any payments made.

The set side hearing date is 22nd Feb. Im about to ask Hoist for the full payment details, who, when etc and also make a SAR to Hoist.

Btw - how much evidence do i need to show at the set aside hearing? I dont think I will get anything back from Hoist in time.

fatbelly

They're the ones who have to evidence that payment

It has been known for creditors to make up payments, also to make out that an internal transaction was a payment by you, also to give up at the last minute.


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