Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Duped into guarantor, severe mental health issues
by waylander62 Yesterday at 10:27 pm

» Remember the Walmart stores ?
by daveiron Yesterday at 12:26 pm

» …Gis 20 billion and you can stay minister to Mrs may… sounds like bribery and corruption don’t it?
by ceylon Yesterday at 10:03 am

» Prisoner, Documentary + Bonus
by Lopsum Sat Jun 23, 2018 9:03 pm

» ...The KaK & M@© Show Do PAEDOPHILES want to make cannabis legal or not?
by ceylon Sat Jun 23, 2018 3:51 pm

» Do banks destroy credit agreements ?
by daveiron Sat Jun 23, 2018 2:51 pm

» ...Are the paedophiles getting treated too good?
by ceylon Sat Jun 23, 2018 12:33 pm

» Potential legal action letter from mortimer clark solicitor
by Jai786 Fri Jun 22, 2018 9:29 pm

» ...The KaK & M@© Show. Has the WAR on CANNABIS been lost?
by ceylon Fri Jun 22, 2018 7:22 pm

» Court claim
by Jai786 Fri Jun 22, 2018 4:59 pm

» UK Column
by ceylon Fri Jun 22, 2018 2:33 pm

» Single Justice Procedure Notice
by pieintheskywhenIdie Fri Jun 22, 2018 2:15 pm

» ...Is Zionist tube censoring AGAIN? Are the commons censoring as well? wJFP7IH25Po
by ceylon Fri Jun 22, 2018 1:12 pm

» ARE WE BEING BETRAYED?
by ceylon Fri Jun 22, 2018 10:39 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Fri Jun 22, 2018 8:49 am

» New 3 Letters. Any Success?
by discodave4093 Fri Jun 22, 2018 4:42 am

» ...Is it time to end the monarchy?
by El E Mentary Fri Jun 22, 2018 4:00 am

» Lowell
by assassin Fri Jun 22, 2018 3:01 am

» DW Fitness, Parking eye and Debt recovery plus
by assassin Fri Jun 22, 2018 2:48 am

» Clean up.
by midnight Thu Jun 21, 2018 9:56 pm

» Strange new symbol at speakers corner
by daveiron Thu Jun 21, 2018 8:09 pm

» Advice for partner - LOWELL
by DRAGONBORN11 Thu Jun 21, 2018 7:16 pm

» Parking Eye now DRP on my back
by daveiron Thu Jun 21, 2018 7:00 pm

» ...The KaK & M@© Show. £10 a car How much are they scamming out of the public?
by ceylon Thu Jun 21, 2018 6:32 pm

» INFO - NEW Civil Procedure Rules Pre-Action Protocols introduced OCTOBER 2017
by barnwebb Thu Jun 21, 2018 3:42 pm

» Lowell threatening me Again !!
by waylander62 Thu Jun 21, 2018 3:41 pm

» Directions questionaire from lowells solicitors
by jack Thu Jun 21, 2018 3:33 pm

» AMIGOS LOANS ON MY BACK
by waylander62 Thu Jun 21, 2018 3:31 pm

» HELP Demand? I think I have a CCJ!
by Andee Thu Jun 21, 2018 3:13 pm

» Single Justice Procedure Notice
by Winston Thu Jun 21, 2018 2:32 pm

» MORTGAGE FRAUD
by handle Thu Jun 21, 2018 1:46 pm

» ...Did the government protect serial killer doctor?
by ceylon Thu Jun 21, 2018 10:58 am

» ...The KaK & M@© Show. What is value added theft?
by ceylon Wed Jun 20, 2018 10:10 pm

» Are you the only one awake in your family ?
by Tom Bombadil Wed Jun 20, 2018 9:56 pm

» Helping a friend
by waylander62 Wed Jun 20, 2018 8:05 pm

» What are the three foundation documents?
by jack Wed Jun 20, 2018 5:14 pm

» Essex & Suffolk Water
by Sharpysparky Wed Jun 20, 2018 4:58 pm

Moon phases


Set aside CCJ, what next?

Go down

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
Not so newb
Not so newb

Posts : 9
Join date : 2017-08-14

Back to top Go down

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
Not so newb
Not so newb

Posts : 49
Join date : 2017-10-03

Back to top Go down

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
Not so newb
Not so newb

Posts : 9
Join date : 2017-08-14

Back to top Go down

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
Not so newb
Not so newb

Posts : 49
Join date : 2017-10-03

Back to top Go down

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
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Set aside CCJ, what next?

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum