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    • Tabitha1973
    • By Tabitha1973 14th Feb 18, 11:20 AM
    • 1Posts
    • 0Thanks
    Judgment for Claimant (in default)
    • #1
    • 14th Feb 18, 11:20 AM
    Judgment for Claimant (in default) 14th Feb 18 at 11:20 AM

    Yesterday we received the above from County Court Business Centre. This was the first we had heard of this, apparently the claim pack was sent to us on the 18th December and was not received.

    Is there anything we can do or would we have to pay 255 for 'set-aside' ?

    The person is claiming his costs of 25 and the staggering 2.80 so its not about the money its purely the principle that we had not received the claim pack to allow us to respond to his claim.
    I am lead to believe when the payment has been sent to the claimant he has to update the claim to show payment made...what happens is he doesn't do this?
Page 1
  • National Debtline
    • #2
    • 14th Feb 18, 11:50 AM
    • #2
    • 14th Feb 18, 11:50 AM
    Hi Tabitha and welcome to the forum

    Am I correct in understanding the CCJ has been made for 27.80?

    You have a couple of options here. A CCJ will usually be recorded on your credit file for 6 years, that can be avoided if you pay off the CCJ in full within one month of the judgment, or you successfully apply for a set aside.

    A set aside is where you ask the court to remove the CCJ and allow the whole process to begin again. As you rightly point out the application will cost 255. Unless you can get a remission on the fee due to low income, it will actually work out cheaper and less work for you to pay off the CCJ within the month.

    If you do want to apply for a set aside you will need to apply promptly and the court will usually want to see you have a real chance of successfully defending any new claim. You can incur further costs if you are not successful so I would really weigh up whether it's worth going down this route.

    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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