CCJ Set Aside Guidance

Le_Kirk

rbceurope said:

Hi any guidance for phone hearing to set aside??

My main objective is to set aside the CCJ & recover the application fee of £275 & restore the claim.

Not sure what guidance you are expecting.  Do you want guidance for the set-aside (already in the NEWBIE sticky) or guidance on phone hearing (search the forum) this has been answered many times.

rbceurope

Hi,

Yes I did find threads on phone hearing.

I am looking for guidance on what CEL is saying below bolded 

≠=

We have read the Defendant’s reasons for making the application and, in keeping with the overriding objective (CPR 1.1), we made an offer to set aside the CCJ, dismiss the Claim AND no order for costs (see attached) which was rejected by the Defendant (see below).

If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored, and no order for the Defendant’s costs to be made, as the application was of the Defendant’s own making. In the alternative, if the judge believes it appropriate to restore the Claim, we would additionally agree to the Claim being settled at £95 so as to avoid more Court time being wasted and costs being incurred (by the Defendant and Claimant).

Yours faithfully

==
1. No order of Cost 

2. No order for Defendants Costs to be made

3. Agree to the claim being settled at £95

During the hearing if the judge agrees to set aside the CCJ & asks whether I am happy to pay £95 should I say
1. yes provided the claimant pays £275 application cost

2. No and would like a further hearing 

Not sure is there any other options?? Guidance on this is much appreciated.

Coupon-mad

2. No and would like a further hearing.

The above - but that's not what you seek.

That's only if the claim somehow continues, because your position is, why should it?  The court can't resurrect nor find a way to allow a dead claim to continue.

Your answer is, you find their draft Order utterly offensive and part of the rotten conduct CEL have exhibited throughout.  They didn't bother to check your address with a soft trace (costs just 29 pence in bulk) which is an abuse of the pre-action process and a clear breach of the BPA Code of Practice.

Your answer should be:

3. ABSOLUTELY NO - and the claim is dead because it wasn't properly served, so the court must dismiss it.

Read the CCJ set aside threads by @Jack5656 and @eb23456 because they have the case law you need to adduce:

Boxwood case
Marks & Spencer case

You need to read and copy what they put and get those actual transcripts.

Bung them in, with a skeleton argument robustly objecting to CEL's draft order before the CCJ hearing, explaining how the two authorities apply. As per other CCJ cases here. Copy!

File and serve the skelly to the local court and CEL...along with a costs schedule with £275 plus your loss of leave to attend the hearing. 

rbceurope

Hello All,

Finally have Successfully set aside the CCJ due to Default Judgement against me obtained by CIVIL ENFORCEMENT LTD.

My hearing which was supposed to be in Nov got preponed after doing what the @Coupon-mad recommended me to do which is to politely to keep sending mail/calling county court every alternative days and after 22nd time I got a response that it would be in early Jul via phone and the phone hearing happened just 6 mins, CEL didn't come and instead sent a mail which I have attached in my earlier post.

--------
In phone hearing ....
The judge summarised what has happened and asked me a question whether I am seeking for the application cost for which I said "Yes" and she asked to confirm how much it was, I responded £275 and she said 

1. The previous judgment done on xx/xx/xxxx will be set aside
2. The claim will be stuck
3. The Claimant (CEL) to pay the defendant(me) the cost of the application of £275 by 16:00 by xx/xx/xxxx

Is there anything that me the Defendant wish to add and I responded saying "thank you".
We hanged up the phone.
-------

I didn't get the order to set aside. Again followed the same recommendation by @Coupon-mad and got the Order last week and confirmation that Trust Register updating will happen automatically.

Q1: Does any one know how quick the Trust Registry will be updated??, should I follow up on this??
Q2: How can I make sure the Trust register has been updated?? 

I don't have words to this forum who has helped me to get to this point. You guys have been in every step of the way helping and recommending where to look out for.

Many thanks.

As per the Order I am suppose to get my application cost of £275 by 16:00 of xx/xx/xxxx
Q3: What should I do if CEL doesn't pay me by that time??

Coupon-mad

Woohoo, well done!  

ANOTHER ONE BITES THE DUST!

You mean the claim is 'struck out'?  Not 'stuck'?  So the claim has been kicked out, for want of service?  It will update within a month and you will see that your credit rating will shoot back up.

If CEL don't pay up in time, remind them by email and tell them you will inform the court and will instruct bailiffs to recover goods to the value of £275 plus the added bailiff fees.

Now after winning that battle, join us to win the war:

Hope you are au fait with the need to respond to the final Govt Public Consultation later this year, once the new Ministers at the DLUHC are in place?

If not, read the linked thread below. Hopefully it will be open in the Autumn as early as October.

We all need to ram the nail in the coffin of the proposed and excessive £130 'London level' that nobody asked for, and the false £70 'DRA fee' add-on, that actually funds the court claim and CCJ culture, as well as the DRA gaslighting of people, pre-action.

If PPCs manage to turn around the decision on banning the gaslighting/claim-funding 'fees' then the DLUHC will be rubber-stamping £200 parking charges and if that happens, they (Government) and the PPCs will wreck high streets and people's lives - whoever is responsible if that happens (and it very nearly did in 2021) must hang their heads in shame.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels.

We intend to use this sticky thread (below) as the vehicle to announce the commencement of the consultation so please read the latest posts there and bookmark it, and set your posting profile to get email alerts for new posts on bookmarked threads:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback/p1

You won't want to miss out. Be heard!

rbceurope

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels.

Absolutely "happy to be heard", let me know what I should do and will give my feed back.

You mean the claim is 'struck out'?  Not 'stuck'?  So the claim has been kicked out, for want of service? 

Yes correct the claim has been stuck out. 

The below is the Order....

Coupon-mad

Very good!

You will see what's needed from reading the thread I linked already, but only if you come back here at the right time later this year, which us why you need to set up email alerts to bookmarked threads, if you are unlikely to be checking here every week from October.

You'd be very welcome to join in and advise people with CCJ set aside cases though, we need new regular posters here!