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Set aside CCJ, what next?

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Set aside CCJ, what next?

Post by richardlewis on Sun Oct 08, 2017 8:35 am

Hello

I have a CCJ due to default not responding and after this began paying £20 per month to DCA (debt few thousand £) for a couple of months. But I am sure they don't have the signed credit agreement. (3 letter process worked with two other debts once i learned about it)

So my question is if i set aside, and intend to defend against the claim because they cant produce the agreement, will this work? Or will the fact i started paying screw me up even though I can say it was because I was under pressure/confusion or whatever?

Thanks

richardlewis
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Re: Set aside CCJ, what next?

Post by waylander62 on Sun Oct 08, 2017 12:49 pm

the issue you have here is that they have already obtained judgement, to set aside you will need to make an application costs £255 i think and then show very good reason why you did not respond to the claim form at the time,

Then you will have to convince a judge you have a VERY good reason why you believe you do not owe the claimant this money, the fact that you have made payments already would NOT help.

needs careful consideration to be honest and is not easy.

waylander62
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Re: Set aside CCJ, what next?

Post by richardlewis on Sun Oct 08, 2017 6:11 pm

I am on low income so I think I can avoid the set aside fee. Also the original debt is in the thousands so it is worth the effort I think.

At the end of the day i'm sure they can't provide the original agreement, so it should be possible right? Thanks for your thoughts in advance

richardlewis
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Re: Set aside CCJ, what next?

Post by waylander62 on Sun Oct 08, 2017 7:48 pm

it is not necessarily about them providing the original agreement, they have won by default and you have been paying

any judge may well see that as an admittance of the debt and on the balance of probabilities will see you as owing the debt.

yes it is possible i have helped someone set aside a default CCJ and helped them submit a defence and then a witness statement for the final hearing and the claimant discontinued before the final hearing BUT it is NOT easy and has to be approached correctly with all the information and proof that ....

1) It should be set aside
2) that the debt is unenforceable or does not exist.

waylander62
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Re: Set aside CCJ, what next?

Post by Tiggy on Mon Oct 09, 2017 12:57 pm

I would think your chances of getting this set aside are about little to none.

You would be applying under Civil Procedure Rule 13 which says a set aside may be granted if you apply 'promptly', which the Courts tend to interpret as 'as soon as you knew you had a Judgment'.  

Unfortunately, you didn't apply when you found out about it you started paying, a Judge would ask simply 'why would anyone start paying if they didn't believe the debt was theirs'.

Also, you may end up being liable for the costs of the claimant defending the application if You lost.

Tiggy
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Re: Set aside CCJ, what next?

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