Help - missed set aside hearing & dismissed!!

steveoram1 · 26th July 2008, 20:29

Got CCJ re Cap 1 (debt composed entirely of charges) whilst out of country & duly applied for set aside on the basis I didn't receive Claim(fib) & have a valid defence(true - all charges!). Got a date at local court for a hearing and was advised by mate of mine who generally knows what he's talking about & used to work in a court that there was no need for me to attend & that set asides are normally a formality/rubber stamp exercise. Got a ruling yesterday from the court that says that as neither party showed up the motion is dismissed. What do I do now apart from never listening to my mate again? Any advice sincerely appreciated.

pt2537 · 26th July 2008, 20:39

Hi,

I fear that there is very little you can do, the court will view it that its not their fault you failed to show up, they will be of the view that its your fault im afraid

i dont feel that you will be allowed a second bite of the cherry

sorry if its not the news you wanted

steveoram1 · 26th July 2008, 21:54

Surely there must be some kind of appeal allowed. What if I was out of the country or in hospital at the time? Could I not fib about not receiving the court date letter?

pt2537 · 26th July 2008, 21:59

fib to the court?

if you want to end up in prison then yes why not,

it is serious if you lie to the court and definatley not worth it, not least because you will be in contempt of court and

steveoram1 · 26th July 2008, 22:40

How they ever gonna know if I did or didn't get letter? Wasn't reg post or signed for just normal 1st class post. According to BBC 14 million items of post went missing last year alone.

pt2537 · 26th July 2008, 22:44

what does the order say? it may give you a short time frame to object as the order was made in your absence

josh8 · 26th July 2008, 23:03

hi pt2537 any chance u could read my thread josh8

steveoram1 · 29th July 2008, 11:20

Ruling just says as neither party attended motion is dismissed. Would appreciate help with this one cos debt was a sold CC balance full of charges claimed by a DCA. Still going after OC for charges etc. If I win my case against OC would this provide a route to have this CCJ deemed null & void as debt was unlawful?

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