CCJ

Henke147

Exodi said:

Henke147 said:

la531983 said:

You ignored the court claim? Thats the point where you stop ignoring. 

I see you have no option here but to pay it in the next nine days, unless you want to perjure yourself by trying to get it set aside claiming you didnt receive anything.

How confident would you be of DCBLegal having the CCJ removed if they were paid within the next 8/9 days..?

Fear is that I pay them, and they do nothing etc.. 

Well it is your right to have it removed if you pay the CCJ within one month of the judgement.

If you are pessimistic that DCB will bother notifying the court to remove it, you're free to notify the court yourself with proof of payment.

Okay, many thanks for that.. 👍 

Gr1pr

It won't be removed, I never mentioned removal 

I said that it won't affect your credit record, because it will be marked as satisfied and therefore expunged 

Henke147

To clarify.. Is the set aside process applicable here, if I believe I have an appropriate defence, or has that horse now bolted etc..? 

GrumpyDil

That's bolted. You have admitted you received the correspondence but ignored it. I can't see any court agreeing to a set side on that basis, irrespective of any defence you may have as the time to present that was during the original process. 

Exodi

Gr1pr said:

It won't be removed, I never mentioned removal 

I said that it won't affect your credit record, because it will be marked as satisfied and therefore expunged 

It will be removed if paid within one month.

It is kept on the credit file (but marked as satisfied) if paid after one month.

Hence the strong motivation to pay within one month of the judgement.

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

https://www.citizensadvice.org.uk/debt-and-money/borrowing-money/county-court-judgments-and-your-credit-rating

(both sections titled 'if you pay within one month')

Henke147 said:

To clarify.. Is the set aside process applicable here, if I believe I have an appropriate defence, or has that horse now bolted etc..? 

It could be, but in your specific circumstances I wouldn't even humour the idea.

Gr1pr

It would cost you £303 to try to obtain a set aside, with no guarantee of success 

You would need to convince a judge, in court, the reason's for a set aside, few people will be granted the set aside if the claim form was correctly addressed etc, plus I can't see you obtaining the £303 back, so the chances are that you will have thrown good money after bad 

I can't see any grounds for it, plus you pay the £303 up front 

My advice is to pay DCB Legal in full and move on ( never bin government paperwork, get advice, regardless. . )

This saga is a stark lesson in how not to deal with these matters. 

Henke147

GrumpyDil said:

That's bolted. You have admitted you received the correspondence but ignored it. I can't see any court agreeing to a set side on that basis, irrespective of any defence you may have as the time to present that was during the original process. 

To clarify, my defence wouldn't be that I've actively ignored any and all correspondence.

More around the detail and circumstance that; The venue was half a building site at the time, as a new supermarket was being built.. That, notices/signage were not clear, no lighting, nor installed (where they have since been post-build) etc.

We never challenged, or shared any defence, as I was always of the impression, that we should never engage.

Clearly, every day's a school day.

Coupon-mad

It is too late. You'd have won if you'd defended the claim in time, a month ago.

Sadly you must pay in full now (before day 30) to avoid it affecting your credit record.

Exodi

Henke147 said:

GrumpyDil said:

That's bolted. You have admitted you received the correspondence but ignored it. I can't see any court agreeing to a set side on that basis, irrespective of any defence you may have as the time to present that was during the original process. 

To clarify, my defence wouldn't be that I've actively ignored any and all correspondence.

More around the detail and circumstance that; The venue was half a building site at the time, as a new supermarket was being built.. That, notices/signage were not clear, no lighting, nor installed (where they have since been post-build) etc.

We never challenged, or shared any defence, as I was always of the impression, that we should never engage.

Clearly, every day's a school day.

While the specifics of the incident would have been relevant before the CCJ was granted, it's no longer relevant  nor represents a valid ground to set aside the judgement. You had an opportunity to defend yourself and you did not.

A valid reason to set aside might be where you did not have an opportunity to defend yourself (e.g. the paperwork went to the wrong address), which is why everyone was asking about paperwork. You admitted you'd received paperwork, but had chosen to ignore it.

Henke147

Coupon-mad said:

It is too late. You'd have won if you'd defended the claim in time, a month ago.

Sadly you must pay in full now (before day 30) to avoid it affecting your credit record.

Thanks for your reply.. 👍