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Setting aside a CCJ - error in amount claimed
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monkey212
Posts: 1 Newbie
Hi everyone, would really appreciate some assistance.
I've just found out that a CCJ was issued and registered against me this week, all the claim and defence forms and paperwork had been sent to a previous address which I had left 3 months prior to the claim, so I was completely unaware this was all going on. The claimant wasn't aware of my new address, so I understand that I am unlikely to be able to set aside on this basis.
However - the amount claimed is incorrect, only by £20 or so on a £3,000 total claim, and the claimant has acknowledged that there is an error. I fully intend to pay the sum owing, but won't be able to do this in the 30 day timeline to have the CCJ removed from my credit file, adn they are starting recovery proceedings. If I file an N244 for a hearing to have the CCJ set aside as the sum claimed is wrong and I wasn't able to file a defence, will the court just dismiss this as an unreasonable tactic given the small error? I'm not trying to dodge the debt, just buy myself some time to settle it and keep my credit file clean.
Many thanks in advance
I've just found out that a CCJ was issued and registered against me this week, all the claim and defence forms and paperwork had been sent to a previous address which I had left 3 months prior to the claim, so I was completely unaware this was all going on. The claimant wasn't aware of my new address, so I understand that I am unlikely to be able to set aside on this basis.
However - the amount claimed is incorrect, only by £20 or so on a £3,000 total claim, and the claimant has acknowledged that there is an error. I fully intend to pay the sum owing, but won't be able to do this in the 30 day timeline to have the CCJ removed from my credit file, adn they are starting recovery proceedings. If I file an N244 for a hearing to have the CCJ set aside as the sum claimed is wrong and I wasn't able to file a defence, will the court just dismiss this as an unreasonable tactic given the small error? I'm not trying to dodge the debt, just buy myself some time to settle it and keep my credit file clean.
Many thanks in advance
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Comments
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Why were you not able to file a defence (aside from not getting the paperwork)0
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Why did you not update your registered address when you moved? This should always be done to avoid issues with parking tickets and police fines etc
Post the details on the Parking forum and ask for advice.Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Nasqueron said:Why did you not update your registered address when you moved? This should always be done to avoid issues with parking tickets and police fines etc
Post the details on the Parking forum and ask for advice.
I suspect it isn’t0 -
Recovery proceedings doesn't really mean anything.
Are you saying that you can't pay in 30 days but you could in 60 days?
If so, your plan has some merit.
If not, then you are setting aside this ccj just to get another one.0
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