Set Aside the Judgment - need advice.

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goral
goral Posts: 78 Forumite
in Credit file & ratings
I will be attending my ‘Set Aside the Judgement’ hearing soon.

How should I prepare for it? What to bring, what documents?

My case concerns a CCJ order. CCJ application and subsequent judgment had been sent to my previous address. I have moved home prior to the application being made and I have not been aware of the application or the judgement.

Will the representative of the claimant be present at the hearing?

What questions can I expect?

What are the chances that I will win this case?

Thanks for any advice.
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  • fwor
    fwor Posts: 6,810 Forumite
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    goral wrote: »
    What are the chances that I will win this case?

    I doubt that anyone here will have the slightest idea, as you haven't said what your defence will be to the original case!

    What is your defence - the reason you will give as to why you do not owe the money?
  • goral
    goral Posts: 78 Forumite
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    fwor wrote: »
    I doubt that anyone here will have the slightest idea, as you haven't said what your defence will be to the original case!

    What is your defence - the reason you will give as to why you do not owe the money?

    I just don't know what is about.
    I never receive any paper work from that company, as they send to address when I not live anymore for few years. So how can I defend I have no idea what to defend against.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    ok a clue , what company or what name solisitors
  • AbundantBudget
    AbundantBudget Posts: 105 Forumite
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    goral wrote: »
    I just don't know what is about.
    I never receive any paper work from that company, as they send to address when I not live anymore for few years. So how can I defend I have no idea what to defend against.

    You can phone the Court issued CCJ and they will tell you who claimant was and what the case was about. If you already have a hearing you most likely know the number of the case and in the letter transferring your case to the local court there will be claimant details.
    # 365 Day Penny Challenge 2021 £111.84/£667.95, # Virtual Sealed Pot 14 £7.56/£200, # Saving for Xmas 2021 £1 a day: £82/£365, # 1 debt vs 100 days £1,240/£1,240, 1 debt vs 100 days £1,000/£1,000,1 debt vs 100 days £0/£3,540,#80 Pay all debt by Xmas 2021: £2,555/£11,295.00
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    at this stage the court action would be to get the CCJ set aside in order for the company to go back to court and re issue

    a large percentage of those set aside cases are private parking tickets , where the company are not obliged to check address before issuing

    they work on the theory of credit clamping with large extra charges added

    as you know about this , what is approx ccj amount
  • goral
    goral Posts: 78 Forumite
    edited 13 January 2020 at 3:50PM
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    I have received a letter from the Claimant's representative, but with no details of the debt.I applied to the Court to set the judgment aside, as I had no previous knowledge of the CCJ application or judgment. The Claimant's representative wants to know how am I intending to pay the money back, but I don't know what debts it is.

    My case definitely is not about parking charge. As i have no pcn till 20 years..
    Amount is around £350
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    WHO is the claimant s rep

    HOW much is this for
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    goral wrote: »
    I have received a letter from the Claimant's representative, but with no details of the debt.I applied to the Court to set the judgment aside, as I had no previous knowledge of the CCJ application or judgment. The Claimant's representative wants to know how am I intending to pay the money back, but I don't know what debts it is.

    My case definitely is not about parking charge. As i have no pcn till 20 years..

    PRIVATE parking tickets , many that are not posted out OR you have failed to update your V5 with the DVLA

    who us the claimants rep ?


    350 sounds right , who is claimants rep ?
  • goral
    goral Posts: 78 Forumite
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    100% not parking tickets! Nothing with car.
    I don’t want tell claimants name, he probably will se this.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    ok . good luck , the fact that you dud not recieve paperwork alone will not get you a set aside . you will need to prove that , had you have received it , you would have stood a good chance to beat this in court

    courts do not like people using this method to clean there credit records later

    £255 , and not much chance of claiming this back , OR £100 "with consent" , if you are willing to pay the £300

    do not just pay up and then ask for with consent
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