Applying for a judgement to be set aside

sacha28

I've been discharged from my bankruptcy for almost 3 years. Back in October a court bailiff attended my house to deliver an AOE order for a debt that was named in the order. I filed my defence, providing the BK number, and heard nothing...until monday, when a letter dropped on my mat.

This letter states that I need to apply to have the judgement set aside, as the judgement post dates the bankruptcy order and the bankruptcy pre dates the creditors court application and states "the outcome of such application is inevitable". What does this mean please, in simple terms?

Also, there doesn't appear to have been a time limit placed on applying for it to be set aside, nor does it tell me how I'm to make the application. 

Please could you knowledgeable people advise on my next steps?

ManyWays

See https://nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/ and National Debtline can help with this.

sourcrates

I don`t see why you need to have it set aside, if the judgement was pre-bankruptcy, then its vested in it.

There is no way to mark CCJ`s extinguished by bankruptcy, but they just become unenforceable.

I see no sense in wasting £255 setting aside a CCJ that can`t be enforced???

fatbelly

I think the court is asking you to make things easier for them.

Presumably the debt predates the bankruptcy order but the creditor was miffed by this and wasted money and court time on getting a default judgement and going for an aoe.

If you can get remission of the fee you may as well do it.

If the court does allow the aoe to proceed then you should do it, and claim against the creditor for your fees. It could get messy.