Set Aside a Satisfied CCJ

easierways

macman said:

DesertR0se said:

@nic_c
Thanks for replying, in my case the initial letters were sent to the wrong address and I was only made aware of the money owed when a letter came to my correct address (3 months after the CCJ was issued) from a debt collector, which did not mention the CCJ. I paid immediately and now, 2 years later, have found out a CCJ was issued.
So my appeal is based on the letters being sent to a wrong address and me being unaware the CCJ was on my record. I paid 2 years ago when I found out the money was owed.

They weren't sent to the 'wrong' address. They were sent to the last registered address that your creditor had for you, which is all that is legally required for it to be considered as properly served. It's not up to them to track you down, it's up to you to update their records if you move. And being 'unaware' of the CCJ is no defence either.
You are just wasting your time and money appealing it as neither of your defences are valid grounds for a set-aside.

I’m not sure I agree full about the validity of of the ‘unaware’ defence. Even if that is what the law says (does it?)

I had a lawyer represent me in a civil matter and had been paying their fees as it went along. (25k in total, final bill 1400)

I moved house prior to the final bill and as a result I did not receive it.

The lawyers credit control department did , admittedly, contact me a few times by email about the outstanding bill. For reasons unknown, I didn’t act, and ultimately (unbeknown to me) a CCJ was registered against me.

About 6 months after the CCJ was registered, I spotted it only because I was checking my credit report in anticipation of applying for a mortgage.

I contacted a local lawyer, explained the situation, including the fact that I did not dispute the final bill and that I had the means to pay it at the time, and still did.

He contacted the lawyer who had acted for me previously to check whether they would oppose the set aside motion and they agreed not to provided the final bill was paid first.

I paid the funds for the bill plus £150 over to the local lawyer, they applied to the court to have it set aside, and it was duly set aside and no longer appears on my credit report.

Rating on Experian (for what it’s worth) is now 963.

Each situation is different, speak to a lawyer. Or possibly a few, until you find one who appears to care and know what he/she is doing. 

It’s far from black and white. Just my £0.02

DesertR0se

@easierways
Thanks so much for posting your experience with setting aside a CCJ. Your situation sounds quite similar to mine so I really hope it will go the same way as it did for you.

DesertR0se

@easierways
I have not contacted a lawyer about my case, I was going to represent myself. Is it too late to contact a lawyer now? Would I have had to contact a lawyer before sending the application for the set aside judgement?
I have received a letter stating that my claim has been transferred to a County Court and the claimant has been contacted. I have not yet received information about my hearing.