CCJ set aside(looking good)

cjcarno · 25th January 2007, 13:51

i have accj against me by yorkshire water....it has been paid but i never got a court letter i just received a bill at my new addresss so naturally paid it as thought it was just final bill from my old address

i contested the ccj with yorkshire water and they replied with an email stating "you must apply to Northampton County Court for the judgment to be set aside and Yorkshire Water will not object"

Is this good enough to get it set aside or do i need a more official letter?

Please advise

Thanks

baileyboy · 25th January 2007, 14:39

I far as I'm aware, if you paid the bill within 4 weeks from the ccj, then the court will scrub the default register if you provide proof that its paid. Hope this helps.

cjcarno · 25th January 2007, 14:44

it wasn't paid within 4 weeks

i wasn't aware there was an outstanding bill as i never received court order as i had moved out

the bill was sent to my newaddress as a normal bill an i paid it as normal

only checking my credit file last week did i realise there was a ccj

like i say yorkshire water have sent me an email saying

you must apply to Northampton County Court for the judgment to be set aside and Yorkshire Water will not object"

i need to know if this will be enough support to set it aside and get it wiped from my credit file or do i need a more official document

thanks

sequenci · 25th January 2007, 14:56

Quote:

Originally Posted by cjcarno

it wasn't paid within 4 weeks

i wasn't aware there was an outstanding bill as i never received court order as i had moved out

the bill was sent to my newaddress as a normal bill an i paid it as normal

only checking my credit file last week did i realise there was a ccj

like i say yorkshire water have sent me an email saying

you must apply to Northampton County Court for the judgment to be set aside and Yorkshire Water will not object"

i need to know if this will be enough support to set it aside and get it wiped from my credit file or do i need a more official document

thanks

just apply for the set aside, it seems they will not argue it.

cjcarno · 25th January 2007, 15:21

i am not familiar with the procedure

di just fill in the form and pay the fee for it to be set aside?

do then they contact yorkshire water to ask them if they agree?

how long does the process take?

thanks guys

cjcarno · 25th January 2007, 17:58

Any help on the procedure would be great....i'll let you know the out come

thnaks guys

sequenci · 26th January 2007, 09:29

Quote:

Originally Posted by cjcarno

Any help on the procedure would be great....i'll let you know the out come

thnaks guys

did you not read the link i posted? if not here it is again:

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

best of luck

toddle2u · 26th January 2007, 16:50

If the debt has been paid you do not need to apply to have it set aside - you just need to apply to the Courts for a Certificate of Satisfaction. I think the cost is approx £50

cjcarno · 26th January 2007, 17:14

if it is satisfied it doesn't come of your credit file though...if it is set aside you can remove it from your file(i think)

i hope this is right

please advise

stiffnuts · 26th January 2007, 23:59

Quote:

Originally Posted by cjcarno

if it is satisfied it doesn't come of your credit file though...if it is set aside you can remove it from your file(i think)

i hope this is right

please advise

yes correct

tbern123 · 27th January 2007, 00:02

Sorry a little off topic.

Welcome back Stiffnuts.. Haven't seen you on here in a while

Allyxia · 27th January 2007, 09:23

HI

I have been to court regarding this.

You will need to complet a form try HMCS website and it cost £60.

Apply to have it set aside becasue you did not receive the orginal summons to attend the hearing.

You will then be sent a court date (usually takes about 3 weeks).

YOU WILL HAVE TO ATTEND COURT.

Its good teh otehr side are not contesting howveer the CCJ is a court matter and although this will help it is up to the judge to remove the CCJ and its not that simple as having yorks water agreement.

If you have moved house I would takle evdience to say you had moved out and this wasnt the reason you received the summons. Failing thatit is going tobe a case of your word aginst the courts that you did not receive the summons.

Your case will linch pin on the fact that if you had received the summons you may have had the opportunity to either file a defence or pay the amount within 4 weeks and therefore you would not have been given the CCJ.

Let me know if you need any further help!!

sequenci · 27th January 2007, 09:31

is a set aside not £65 now?

cjcarno · 9th February 2007, 08:36

Allyxia

this is great help thanks

is there any tips you can give me on filling out the form for my defence....also can you let me know what happens in court so i can prepare for this

thanks

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