CCJ

Henke147

Exodi said:

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.

(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.

Many thanks again for all your prompt replies (and edit) you've been really helpful, and kind with it.. 👍 

Henke147

Exodi said:

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.

Thanks for the insight.. 👍 

LDast

You can apply to have it set aside under CPR 13.3. However, it is likely to cost you more for the set aside application fee than just paying the CCJ amount. Whilst you erred by ignoring a valid claim, you can plead stupidity and apologise for that and still request a set aside under 13.3 if you believe that you have a real prospect of successfully defending the claim and as part of the Overriding Objective.

Henke147

LDast said:

You can apply to have it set aside under CPR 13.3. However, it is likely to cost you more for the set aside application fee than just paying the CCJ amount. Whilst you erred by ignoring a valid claim, you can plead stupidity and apologise for that and still request a set aside under 13.3 if you believe that you have a real prospect of successfully defending the claim and as part of the Overriding Objective.

Many thanks for your comment.. 👍