Can a creditor withdraw a claim after a set aside?

Cherryx

Hi guys,

I've been on here a bit trying to sort out a set aside on a CCJ, I paid the fee for the N244 today so hoping it goes through.

I was wondering if the case gets set aside , from what I understand it goes back to the claim stage.

Now, can a claim be retracted? I have read stories of people who cannot pay the full balance off immediately but sometimes creditors accept an offer. I'm also wondering if creditors are willing to accept a payment plan? Just wanting to know other people's experiences.

I've also heard of a Tomlin order, I understand this is a more formal payment plan but was just wondering if a regular payment plan can be accepted?

Thanks!

sourcrates

Sometimes judgements are made "forthwith" for the full amount, this usually happens if you don`t respond to the court papers.

If you have responded, and submitted a defence, along with an income/expenditure form, then judgement will be made based on your disposable income.

If that didn`t happen, you can apply to the court for an instalment order.

I`m not that familiar with a tomlin order but it refers to a formal repayment arrangement made in advance with the lender.

ManyWays

This a description of Tomlin orders: https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx.

Note that one of the disadvantages is that they cannot easily be varied. 

Cherryx

sourcrates said:

Sometimes judgements are made "forthwith" for the full amount, this usually happens if you don`t respond to the court papers.

If you have responded, and submitted a defence, along with an income/expenditure form, then judgement will be made based on your disposable income.

If that didn`t happen, you can apply to the court for an instalment order.

I`m not that familiar with a tomlin order but it refers to a formal repayment arrangement made in advance with the lender.

Thank you, I do believe I can get my CCJ set aside (hopefully) as have a legit reason and solid proof, but just unsure whether the claim goes back to where it was before or if the creditor would have to submit a NEW claim and start over? As finding info on this a bit hard!

Currently speaking to creditor as in a vulnerable situation so would be helpful to be able to rectify this without a claim at all!

Cherryx

ManyWays said:

This a description of Tomlin orders: https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx.

Note that one of the disadvantages is that they cannot easily be varied. 

Thanks a lot! Yes, I've heard its harder to vary - just might be my only solution if the claim still stands or they submit a new claim after the set aside is granted.

DullGreyGuy

Cherryx said:

sourcrates said:

Sometimes judgements are made "forthwith" for the full amount, this usually happens if you don`t respond to the court papers.

If you have responded, and submitted a defence, along with an income/expenditure form, then judgement will be made based on your disposable income.

If that didn`t happen, you can apply to the court for an instalment order.

I`m not that familiar with a tomlin order but it refers to a formal repayment arrangement made in advance with the lender.

Thank you, I do believe I can get my CCJ set aside (hopefully) as have a legit reason and solid proof, but just unsure whether the claim goes back to where it was before or if the creditor would have to submit a NEW claim and start over? As finding info on this a bit hard!

Currently speaking to creditor as in a vulnerable situation so would be helpful to be able to rectify this without a claim at all!

To have the case set aside you have to show you have a legitimate reason for having not responded to the case originally and that you have a good prospects of winning the subsequent case. The fact you're taking about having to pay the claimant it doesn't sound as if your on good grounds for it. 

Assuming it is set aside it goes back to the point of failure, often that would be you getting a new time limit to acknowledge service and/or submit your defence. 

fatbelly

Set aside puts it back to the claim stage. You are expected then to submit your defence

Cherryx

DullGreyGuy said:

Cherryx said:

sourcrates said:

Sometimes judgements are made "forthwith" for the full amount, this usually happens if you don`t respond to the court papers.

If you have responded, and submitted a defence, along with an income/expenditure form, then judgement will be made based on your disposable income.

If that didn`t happen, you can apply to the court for an instalment order.

I`m not that familiar with a tomlin order but it refers to a formal repayment arrangement made in advance with the lender.

Thank you, I do believe I can get my CCJ set aside (hopefully) as have a legit reason and solid proof, but just unsure whether the claim goes back to where it was before or if the creditor would have to submit a NEW claim and start over? As finding info on this a bit hard!

Currently speaking to creditor as in a vulnerable situation so would be helpful to be able to rectify this without a claim at all!

To have the case set aside you have to show you have a legitimate reason for having not responded to the case originally and that you have a good prospects of winning the subsequent case. The fact you're taking about having to pay the claimant it doesn't sound as if your on good grounds for it. 

Assuming it is set aside it goes back to the point of failure, often that would be you getting a new time limit to acknowledge service and/or submit your defence. 

I do have a legitimate reason, PRA (claimant) also said they will not object my claim given its a mitigating circumstance. I do know a claim can be withdrawn within a short window, which I think is included in the time limit for acknowledging service/submitting a defence.