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County Court Judgement set aside

Hi all.

I've been fighting my former employer for some time now over the repayment of training costs for my role.

I initially (still do) disagree with this however am willing to pay back the debt owed as they have gone to the lengths of issuing court proceedings at a former address.

We/I discussed removing the CCJ using a consent order as they were aware I did not live at the premises. After a lot of back and forth this was never done.

I then applied and paid the fee for a set aside supplying sufficient evidence for my case but this was dismissed without reason.

I did not attend the hearing as i had underwent spinal surgery. The actual hearing date was the same as my surgery date and I requested for it to be postponed. It was done but for only 7 days unless I paid a fee of around £150. I was not prepared to pay the fee and happy the evidence I had supplied was more than sufficient.

I have since wrote to the court who have been less than helpful and I find myself now back at square one and having to apply for a set aside again.

Would the judge have dismissed this purely on me not being present ( I had supplied all my hospital letters as evidence I was not able to attend )

Any advice?

Sorry for the long story

Many thanks

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi jhardesty


    Sorry to hear that you have not been having much joy with this one so far.


    No, the outcome of your application should not have hinged entirely on your attendance or non-attendance, as the evidence you provided could be considered in your absence. Naturally, it can help an applicant to be able to answer any questions the district judge might have on the day, so it may have been a contributory factor.


    If you have grounds for believing that your set aside application was dismissed specifically because of your non-attendance, you should look at filing a complaint the court manager as this may constitute an error of procedure.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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