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CCJ set aside advice
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Sunshine225
Posts: 2 Newbie
I've recently been made aware of a CCJ against me due to a search on my credit file after declined credit.
The CCJ was sent to an old address for unpaid ground rent on a property I rent. I thought I had notified the owner of the freehold of my change in correspondence address, however it turns out that I have informed the estates management company who manage the service charge only. They're part of the same group and have similar names but are technically separate legal companies. I also thought I had a Direct Debit set up but turns out I don't.
I have been researching setting this aside and understand that this is unlikely purely on the grounds that it went to an old address.
I am however, shocked at the costs which have been added and a debt of £100 is now over £2000 with the majority (£1600) attributable to solicitors costs on the other side. My question is, do I have any grounds for disputing these costs considering the CCJ has now passed and the court date was 5 months ago. Would it be worth going to the claimant's solicitor to negotiate on these costs and agree a consent order? Or could I apply to have this set aside on the basis that the costs are unreasonable. I understand that this would then require me to prepare for another potential case to challenge the claimant. Just to clarify, I'm not disputing that I owe this or the underlying debt of £100, I just can't believe that anyone would consider the added costs as anything but excessive and totally unreasonable. Ultimately I'm looking to come to a reasonable agreement with the CCJ set aside.
Any success stories welcome also.
Thanks for any help.
The CCJ was sent to an old address for unpaid ground rent on a property I rent. I thought I had notified the owner of the freehold of my change in correspondence address, however it turns out that I have informed the estates management company who manage the service charge only. They're part of the same group and have similar names but are technically separate legal companies. I also thought I had a Direct Debit set up but turns out I don't.
I have been researching setting this aside and understand that this is unlikely purely on the grounds that it went to an old address.
I am however, shocked at the costs which have been added and a debt of £100 is now over £2000 with the majority (£1600) attributable to solicitors costs on the other side. My question is, do I have any grounds for disputing these costs considering the CCJ has now passed and the court date was 5 months ago. Would it be worth going to the claimant's solicitor to negotiate on these costs and agree a consent order? Or could I apply to have this set aside on the basis that the costs are unreasonable. I understand that this would then require me to prepare for another potential case to challenge the claimant. Just to clarify, I'm not disputing that I owe this or the underlying debt of £100, I just can't believe that anyone would consider the added costs as anything but excessive and totally unreasonable. Ultimately I'm looking to come to a reasonable agreement with the CCJ set aside.
Any success stories welcome also.
Thanks for any help.
0
Comments
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You can apply for set aside on the basis of not having received the original court papers, and that you disagree with the amount they say you owe.
You may be able to persuade them to do this on a consent basis, you will have to speak to their solicitor, and see how the land lies, a consent approach will be cheaper than the normal fee.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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