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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 26th July 2008, 18:26   #1 (permalink)
BARFLY
Basic Account Customer
Default Setting Aside Ccj

Ive been living in Spain for the past ten months. I've kept in touch with all my creditors giving them a C/O address in the UK and giving them my spanish mobile number. One of the creditors recently assigned fully a debt to a DC who immediately applied for a CCJ. I have my post forwarded to me in Spain every couple of weeks - not ideal i know - and only found out about the application when it had already gone to court and been delivered in default. I contacted the DC within the 28 days and agreed to pay a F & F of £608 on a £715 CCJ if they would fax through the acceptance. They wouldn't do this and i wouldnt pay until i had written confirmation. I've recently returned to the UK and have the hard copy they have delivered but it is now too late. I have telephoned the DC and offered full payment for the CCJ if they would agree not to object to an application for the judgement to be set aside. They wouldnt do this. They have now threatened me with an enforcement order.

Anyway, my questions:

1. Do i have any chance at setting the CCJ aside. What grounds would i have for setting the CCJ aside.
2. I am now a resident in Spain with NIE number, social security etc. Confirmation from Dept. of Work and Pensions months ago that i was no longer registered in the UK. Does this have any bearing?

Many thanks.

By the way, i have got recorded delivery to the creditor explaining that i was outside of the uk and could not give them a permanent address as yet but giving them my mobile to contact me.
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Old 28th July 2008, 23:56   #2 (permalink)
old_andrew2007
Platinum Account Customer
 


I am in: West Midlands
Posts: 2,013
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Default Re: Setting Aside Ccj

bump
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Old 29th July 2008, 10:41   #3 (permalink)
adamski
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I am in: Cambridge
Posts: 1,209
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Default Re: Setting Aside Ccj

All you can do is write to the court and ask for it be set aside stating all that you have mentioned above, i.e. you offered to pay the full amount, you have not resided in the Uk etc
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Old 29th July 2008, 15:02   #4 (permalink)
BARFLY
Basic Account Customer
Default Re: Setting Aside Ccj

thanks, guys. as you say, the cost of the application for the setting aside is all it will cost? it will either be yeah or neh.
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