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  • FIRST POST
    • Danijordi1988
    • By Danijordi1988 17th Sep 19, 8:44 PM
    • 1Posts
    • 0Thanks
    Danijordi1988
    Translate help
    • #1
    • 17th Sep 19, 8:44 PM
    Translate help 17th Sep 19 at 8:44 PM
    Long story short, I am set to complete on my first mortgage after years of trying to rebuild my credit report.

    I complete on monies transfer over 25th September. Woke up last week to a CCJ on my credit file. Basically, the courts fault. An admin error - the case hadnít been closed properly following sending all the paperwork to them. I have yet to find out what actually happened as I am too concerned about the house as priority. I have contacted all relevant credit agencies to get it removed but some take up to 28 days to resolve!

    Anyway, I have the letter from the court saying that itís been set aside - but what does this legal blurb even mean? My mortgage advisor is dealing with this all in reference too my mortgage and I do plan to take this further legally once I have sorted my house.

    If anyone could help translate it would be much appreciated


    IT IS ORDERED THAT
    1. The judgment dated 05.09.19 is set aside

    Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and

    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    b) the Defendant is an individual,

    then upon the filing of the application the claim will be transferred to the Defendantís home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.
    Dated 12 September 2019
Page 1
    • MovingForwards
    • By MovingForwards 17th Sep 19, 8:52 PM
    • 2,360 Posts
    • 2,780 Thanks
    MovingForwards
    • #2
    • 17th Sep 19, 8:52 PM
    • #2
    • 17th Sep 19, 8:52 PM
    Translation:

    IT IS ORDERED THAT
    1. The judgment dated 05.09.19 is set aside

    -- the CCJ does not exist

    Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed.

    -- you or the other side can submit an application to the court to reinstate the CCJ, vary it or put the case on hold.

    A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

    -- you or the otherside, whoever makes the application mentioned above, send it to court, paying the cost of the application within seven days + 2 day to allow for posting of this order you have received. Ie send it to court by 21 sept.

    If the application is one which requires a hearing, and

    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    b) the Defendant is an individual,

    then upon the filing of the application the claim will be transferred to the Defendant’s home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.

    -- if application is made due to this order, as you are an individual and not a business it will be transferred to your local court to not cause inconvenience, unless you are a business then it's tough, it stays where the court originally was.

    Dated 12 September 2019

    -- Date the judge did the order

    -- hope this helps!
    • NutWorld
    • By NutWorld 18th Sep 19, 7:59 AM
    • 50 Posts
    • 29 Thanks
    NutWorld
    • #3
    • 18th Sep 19, 7:59 AM
    • #3
    • 18th Sep 19, 7:59 AM
    Long story short, I am set to complete on my first mortgage after years of trying to rebuild my credit report.

    I complete on monies transfer over 25th September. Woke up last week to a CCJ on my credit file. Basically, the courts fault. An admin error - the case hadn’t been closed properly following sending all the paperwork to them. I have yet to find out what actually happened as I am too concerned about the house as priority. I have contacted all relevant credit agencies to get it removed but some take up to 28 days to resolve!

    Anyway, I have the letter from the court saying that it’s been set aside - but what does this legal blurb even mean? My mortgage advisor is dealing with this all in reference too my mortgage and I do plan to take this further legally once I have sorted my house.

    If anyone could help translate it would be much appreciated


    IT IS ORDERED THAT
    1. The judgment dated 05.09.19 is set aside

    Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and

    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    b) the Defendant is an individual,

    then upon the filing of the application the claim will be transferred to the Defendant’s home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.
    Dated 12 September 2019
    Originally posted by Danijordi1988
    One doesn't just wake up one day top discover they have a CCJ against them.

    Did you pay the court £255 to apply for the CCJ to be seat aside? Did you attend the set aside hearing? If so, what did the judge say?

    If I were the claimant I would be appealing this court order as, to me, it seems wrong in law.

    However, I would seek independant legal advice first, as it states it is an order to set aside the earlier judgement, but then seems to go on an explain how a set aside can be applied for, and the process that will be followed if it is
    Last edited by NutWorld; 18-09-2019 at 8:03 AM.
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