Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Papal ring
by freeland Today at 3:21 am

» Who is making the claim ?
by assassin Today at 2:54 am

» court pack for energy companies
by jrb Today at 12:20 am

» Paying A Joint Giro Slip
by jrb Yesterday at 4:41 pm

» Medicinal side effect issues
by Lopsum Yesterday at 9:48 am

» Home Building
by assassin Yesterday at 3:41 am

» Wescot / PayPal - harassment?
by waylander62 Thu Apr 18, 2019 10:31 pm

» Try your new power
by sleptthroughit Thu Apr 18, 2019 10:29 pm

» Setting aside a CCJ
by Grimmy Thu Apr 18, 2019 6:07 pm

» Eighteen years in debt for house repossession. Advice?
by FOXP2 Thu Apr 18, 2019 4:26 pm

» County Court Money Claims Centre (CCMCC)
by waylander62 Thu Apr 18, 2019 2:44 pm

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Apr 17, 2019 7:42 pm

» Moriarty Law
by Mrblue2017 Wed Apr 17, 2019 4:09 pm

» Essex & Suffolk Water
by Sharpysparky Wed Apr 17, 2019 3:49 pm

» Flush out the sodium fluoride
by mitch Wed Apr 17, 2019 1:19 pm

» Lowell Success For My Wife
by Etiquette Tue Apr 16, 2019 8:23 pm

» Common Law Copyright and Trademark Notice
by Etiquette Tue Apr 16, 2019 7:36 pm

» PRAC FINANCIAL / BWLEGAL / PAYDAYUK
by daveiron Tue Apr 16, 2019 1:06 pm

» 5G AND it's implications | WOW it is scary and can't be allowed
by daveiron Tue Apr 16, 2019 8:38 am

» Cabot- is there a realistic chance to fight them?
by assassin Tue Apr 16, 2019 2:08 am

» TESCO CREDIT CARD & LOWELLS
by Ithesoul Mon Apr 15, 2019 9:56 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Apr 15, 2019 8:37 pm

» Debt Collectors
by assassin Mon Apr 15, 2019 7:18 pm

» Conditional Discharge
by MrBullet Mon Apr 15, 2019 6:21 pm

» Cabot advice
by daveiron Mon Apr 15, 2019 3:25 pm

» Lowell threatening me Again !!
by barnwebb Mon Apr 15, 2019 3:10 pm

» PoE gets it right again
by daveiron Mon Apr 15, 2019 11:56 am

» Drydens Fairfax
by AHMAHM Sun Apr 14, 2019 4:40 pm

» Let Technology Work For You
by assassin Sun Apr 14, 2019 2:21 am

» Do the 3 Letters or New Approach Still Work? Advice Needed
by assassin Sun Apr 14, 2019 1:50 am

» Council Tax
by assassin Sun Apr 14, 2019 1:34 am

» Please Help!! Restons & Arrow Global - Court Papers!
by waylander62 Sat Apr 13, 2019 10:21 am

» Lowell Court order
by waylander62 Sat Apr 13, 2019 10:13 am

» Settlement
by Mrblue2017 Sat Apr 13, 2019 7:02 am

» Utilities & Pre Pay meters
by LionsShare Fri Apr 12, 2019 5:03 pm

» Looking for advice and/or reassurrance!
by Mrblue2017 Fri Apr 12, 2019 3:40 pm

» justinian deception
by daveiron Fri Apr 12, 2019 3:34 pm

» Speeding Fines in France sent to my UK address.
by daveiron Fri Apr 12, 2019 2:58 pm

» Need ALOT of Help - Lots of Questions - Battling 4-5 companies at once
by Etiquette Fri Apr 12, 2019 8:13 am

» Merligen investments Ltd: Moriarty law
by paymydues2 Thu Apr 11, 2019 3:44 pm

» Entry of unilateral Notice - B133
by LionsShare Wed Apr 10, 2019 9:20 pm

» Latest from CrimeBodge
by Society of the Spectacle Wed Apr 10, 2019 7:42 pm

» british gas says it all
by LionsShare Mon Apr 08, 2019 6:54 pm

» revenue joint giro
by LionsShare Mon Apr 08, 2019 4:59 pm

» Giro Credit Slips
by MrBullet Mon Apr 08, 2019 3:04 pm

» debt letters
by daveiron Mon Apr 08, 2019 1:57 pm

» They Live. Good film
by Lopsum Mon Apr 08, 2019 1:53 pm

Moon phases


Set aside CCJ, what next?

Go down

Set aside CCJ, what next? Empty 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 : 10
Join date : 2017-08-14

Back to top Go down

Set aside CCJ, what next? Empty 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
Very helpful
Very helpful

Posts : 484
Join date : 2017-10-03

Back to top Go down

Set aside CCJ, what next? Empty 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 : 10
Join date : 2017-08-14

Back to top Go down

Set aside CCJ, what next? Empty 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
Very helpful
Very helpful

Posts : 484
Join date : 2017-10-03

Back to top Go down

Set aside CCJ, what next? Empty 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

Set aside CCJ, what next? Empty 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