CCJ - Application to set aside - Court date set - Please any advise on what happens next

quinn1984

The claim was originally received by me on April 17th 2023 by post, however is was dated 31st March. I responded to the claim by email advising that the 7 days had already passed and asking for assistance in what I can do next as this was out of my control. 

I received a response on 12th June advising that my defence had been struck out as it was out of time. And advising I apply to reinstate my defence. I received a second email containing someone else's claim and details, with my details included. An obvious administrate error. 

I responded asking for confirmation of the outcome of the claim. 

I received no contact until October 2024 which was a decision that the default has been entered against me. 

I then asked Overdales to support an application funded and made by myself for overdales consent to set this judgement aside with payment in full due to these errors in the court system.
Overdales did not agree.
I since applied to the court to set the judgment aside to allow me to defend this. 
I then received a letter advising that they had given overdales a deadline to provide some information they they did not have. 
Last contact is an in person court date 11th June this year. 

Please can anyone advise me:
If I settle the debt now what would happen? Would the CCJ stay on my file from oct and at best show as settled?
or should I wait and try to get it removed at the hearing?
how likely is it that it would be removed under these circumstances?

sourcrates

Unlikely as you have admitted liability by paying it, so the judgement would stand.

For a set aside to be successful, you must meet two criteria, you must not have received the original court papers, or had some good reason why your defence was not submitted on time, you must also have a reasonable defence to the claim, which you do not have, so a set aside is a waste of money unfortunately.

quinn1984

Thanks for your advice / information.
can I ask, if I didn’t receive the paperwork in time and no my defence was struck out as I was waiting for response from the court after the mix up, would it be set aside to allow me to pay it?
As if the correct procedure was followed I would have had opportunity to pay before CCJ applied to me credit file 

sourcrates

Only a court can decide on matter like that.

Sorry, I know that`s not much help.