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    • Ajacobs83
    • By Ajacobs83 30th Jan 18, 12:50 PM
    • 17Posts
    • 5Thanks
    Ajacobs83
    UPDATED: CCJ CEL set aside application
    • #1
    • 30th Jan 18, 12:50 PM
    UPDATED: CCJ CEL set aside application 30th Jan 18 at 12:50 PM
    Hi All,

    I need some help pls. I just found while reviewing my credit score in anticipation of a mortgage application i have a CCJ against my name £345 from Civil Court Enforcement Ltd. But it seems tied to my old address, i checked the date and it was issued in November of last year. I have never received anything in the post , no notifications in writing, no emails or contact via phone. I panicked upon seeing this found the details and paid the amount immediately. I am now concerned i have made a mistake by paying so swiftly, as am i still able to have this set aside as i received no contact from the court or company it is related to? or as i have now paid am i only able to have it marked as settled?

    Thank you for any help / advice
    Last edited by Ajacobs83; 08-05-2018 at 4:45 PM. Reason: renaming
Page 2
    • Ajacobs83
    • By Ajacobs83 1st Feb 18, 10:51 AM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    Thanks for pointing that one out, have edited now.
    If anyone has any thoughts on the content and how this looks for an application they are gratefully recieved
    • The Deep
    • By The Deep 1st Feb 18, 11:00 AM
    • 10,986 Posts
    • 10,955 Thanks
    The Deep
    The courts don't like it if they see it as purely a credit score "cleansing"


    Why on earth not? That surely is the main purpose of a set aside. You do say some odd things Quentin.
    You never know how far you can go until you go too far.
    • The Deep
    • By The Deep 1st Feb 18, 11:15 AM
    • 10,986 Posts
    • 10,955 Thanks
    The Deep
    nor have I received a response to my numerous answer phone messages

    Never ever conduct important business of any nature by 'phone, if things go belly up, and it gets to court you must have a paper trail.

    A great many of the CCJs by default we see here are from C.E.L. They seem to specialise in them. You might mention this to a judge with a list.
    Last edited by The Deep; 01-02-2018 at 11:18 AM.
    You never know how far you can go until you go too far.
    • Ajacobs83
    • By Ajacobs83 1st Feb 18, 11:47 AM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    Would you recommend amending the wording on that section then? Would mentioning other cases involving C.E.L be beneficial to my case?
    Lastly what are your thoughts on requesting reimbursement of monies already paid and court costs?
    • The Deep
    • By The Deep 1st Feb 18, 11:55 AM
    • 10,986 Posts
    • 10,955 Thanks
    The Deep
    I have already told you that, imo, their unreasonable behaviour should be brought to the attention if the judge.

    Of course you must ask for re-imbursement, don't ask, don't get.

    You seem to be overthinking this.
    Last edited by The Deep; 01-02-2018 at 12:38 PM.
    You never know how far you can go until you go too far.
    • Ajacobs83
    • By Ajacobs83 1st Feb 18, 12:00 PM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    i am overthinking it. I know I am, because i freaked and paid immediately before taking a step and considering all my options i am now going the other way. I just want to ensure the wording i use is correct and not deemed frivolous
    • Coupon-mad
    • By Coupon-mad 1st Feb 18, 9:12 PM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    Read Johnersh's posts on set asides, spend the weekend researching here a bit more.
    • Quentin
    • By Quentin 1st Feb 18, 11:27 PM
    • 38,002 Posts
    • 22,101 Thanks
    Quentin
    The courts don't like it if they see it as purely a credit score "cleansing"


    Why on earth not? That surely is the main purpose of a set aside. You do say some odd things Quentin.
    Originally posted by The Deep
    Nothing "odd" at all.

    It's a fact


    The main purpose of a set aside is the means by which a defendant can get an unjust default ccj overturned!
    Last edited by Quentin; 02-02-2018 at 8:08 AM.
    • Ajacobs83
    • By Ajacobs83 7th Feb 18, 9:05 AM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    I am now ready to send off my application, but am struggling to find information on who to make the cheque out to or how to pay online, any help would be greatly appreciated
    • Umkomaas
    • By Umkomaas 7th Feb 18, 9:17 AM
    • 20,580 Posts
    • 32,500 Thanks
    Umkomaas
    I am now ready to send off my application, but am struggling to find information on who to make the cheque out to or how to pay online, any help would be greatly appreciated
    Originally posted by Ajacobs83
    How to pay your court or tribunal fee:

    You can’t pay most fees online. Pay:

    - in person at a court or tribunal by cheque, cash, debit or credit card

    - by post with a cheque made out to ‘HM Courts and Tribunals Service’
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Ajacobs83
    • By Ajacobs83 8th May 18, 4:43 PM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    Hi All,

    So to Update you on the situation. I had my hearing last week and the Judge has agreed to set aside the CCJ which is a huge weight off my shoulders.
    I just wondered from Experience how soon I can expect to receive documentation confirming this that I can pass on to Credit agencies?
    • Coupon-mad
    • By Coupon-mad 8th May 18, 4:58 PM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    You should soon (this month) get an order from the court confirming the CCJ set aside decision and telling the Claimant how long they have to file a copy of the particulars with you, the Defendant AND/OR how long you have to file a defence.

    I think a CCJ set aside by a court, updates agencies, but I could be wrong.

    Did you get your £255 refunded by the Claimant, or did the Judge reserve a decision on costs? Make sure you push with the same Judge in due course, to claim the £255 back from CEL if they discontinue or fail to comply with what the Order says.
    • Ajacobs83
    • By Ajacobs83 8th May 18, 5:02 PM
    • 17 Posts
    • 5 Thanks
    Ajacobs83
    thanks Coupon, your advice really helped in getting me where I needed to be with the application.
    the Judge seemed irked that i wanted to claim back and that i wanted the original claim cancelled and reserved a decision on costs but I will push to claim those back.
    • Coupon-mad
    • By Coupon-mad 8th May 18, 5:03 PM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    Which Court and Judge, and what was it like for you, daunting but a relief?
    • Quentin
    • By Quentin 8th May 18, 5:41 PM
    • 38,002 Posts
    • 22,101 Thanks
    Quentin
    The CCJ should already be expunged from the Register


    It does take time for the credit ref agencies to update - check yours after a month and it should be gone - you don't need to do anything yourself
    • Johnersh
    • By Johnersh 8th May 18, 8:29 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    Make sure you push with the same Judge in due course, to claim the £255 back from CEL if they discontinue
    Worth noting: if costs are expressly reserved from the application hearing (ie to be dealt with at the end of the case) and the claimant then discontinues, you may not be entitled to recover the costs of defending the claim but you most certainly would be entitled to ask for the costs of the set aside - without the need for an application - a letter to the court seeking the relevant order ought to suffice.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Coupon-mad
    • By Coupon-mad 8th May 18, 10:17 PM
    • 64,896 Posts
    • 77,464 Thanks
    Coupon-mad
    That's good to know, Johnersh.

    It's important to always make sure a Judge expressly states that costs be reserved, then, in any set aside order.

    Silence about costs means they might never be dealt with if CEL discontinue?
    • Johnersh
    • By Johnersh 9th May 18, 10:23 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    My preference would be not to leave the room after a set aside without recovering costs - but I accept that DJs can take some persuasion on a set aside.

    Yes. Where an order is silent as to costs the presumption is that each part bear their own. So always ask for them....
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
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