I want to fight 2 get my CCJ set aside (Thanks to you hero's giving me confidence that its possible)

Coupon-mad

I do not say there is no chance of getting it back.

Your Judge has opened the door for you to file a defence against the PCN so potentially (if you can get this to a hearing) then you can get the PCN claim money you paid to Gladstones back if you win.

But Gs will discontinue now.  No need for them to continue and they can block the whole thing by discontinuing... BUT:

The ONLY way to get it forced to a hearing is for you to include a counterclaim at the bottom of your defence and ring up after emailing it over and tell the court that you want to pay the £35 fee for the Part 20 Counterclaim.

Your counterclaim could be for £300 to cover the sum you paid to Gladstones 'under protest' after being misled into thinking that payment would set aside/remove the CCJ, plus your £35 fee (and the hearing fee if the Claimant discontinues their claim).

Your argument for the Counterclaim could be that you were misled by Gladstones and the claim was also deliberately inflated unreasonably by an added fee that was not contractually agreed and the Government has exposed as unconscionably high, and secondly, the very fact that the court has set aside the CCJ and allowed you to defend, shows that the court accepts you have prospects of success.  The only way to secure a hearing and have the PCN claim assessed for fairness and legality is this counterclaim because without it, Gladstones will discontinue and walk away with your money, which cannot be right or just when the court agrees you have a case to argue.

Harvez63

Jazzagi81 said:

(the CCJ has now been removed but the damage was already done and our mortgage interest rate increased by 50%, our house will be up for sale in a couple of months

@Jazzagi81 more out of interest then anything, why? once the CCJ is settled, its completely removed from file and isn't visible any more? Mine was removed within a week from order and its like it never existed and I was able to borrow again immediately. 

Jazzagi81

@Coupon-mad Ok, that makes sense. Thanks. 

@Harvez63 Because my mortgage renewal was last month, had the CCJ not been on my record I would have been able to find and secure a better rate before the recent rate increases.