HI this is very weird.

I have just looked at my credit file

I have a CCJ from Asent solicitors on behalf of claremont private hospital.

I was given this information by the county court.

I advised I was aware of no debt,

they advised it was sent to my old address and that they knew I didn’t live there as bailiffs confirmed the house was derelict.

As I used BUPA when at this hospital they had full access to my current details through BUPA.

However;

I contacted the solicitor who filed for the CCJ to explain their error,

they cannot find any details for me or a CCJ against me filed by them???

I have asked for them to confirm this in writing, they have advised they will investigate further and get back to me.

What should I do?????

If I were you I would send them an email confirming that they have no knowledge of any judgement against you. Then call them and tell them that in the circumstances you will be applying for a set-aside and will they consent.

Follow the set-aside link for further information or alternatively you can find more information about obtaining a set-aside in our new Consumer Survival Handbook which is available on Amazon

will the set aside cost 225 pounds? Even though the solicitors have made the mistake?

wld you be exempt from fees?

otherwise shld get any fee back (or prorata) if it was erroneous and is set aside, partic if they consent.

see what they come back with.

do you know what the CCJ was for?

if the sols are confirming they know nowt

and they have searched the claim number you gave them..

..surely if they are the named solicitor

they should be removing it by consent and it shouldnt cost you a penny?

dx

I have spoken to the county court and they have advised me that the solicitors can apply to have it set aside and would cost them only 100 pounds!! (which seems a bit of a swiz!! why would it cost me 250!)

im going to call the solicitors back at the end of the week and if they still cannot find my details;

I am going to demand they have it put aside or contact the ombudsman.

I'll let you know what happens.

I have spoken to the county court and they have advised me that the solicitors can apply to have it set aside and would cost them only 100 pounds!! (which seems a bit of a swiz!! why would it cost me 250!) Because there would have to be a hearing for you as defendant...the claimant can make application without hearing.

 

 

im going to call the solicitors back at the end of the week and if they still cannot find my details;

I am going to demand they have it put aside or contact the ombudsman.

 

 

I'll let you know what happens.

Andy

Ok so they finally found the details,

the hospital had given them a totally different address which is my parents address,

I sent a email requesting put aside,

they have refused as they say they had responsibility to get my new address from bupa

even thought they knew I wasnt at the address,

they have managed to get my parents address for no known reason????

looks like my only choice ti to apply to have set aside, but what are my chances of winning???

Thread moved to General Legal Issues.

Andy

In very simple terms

, if you have a reasonable prospect of defending the claim then your chances of setting the CCJ aside increase,

if the Judgment is set aside,

you'll most likely be asked to file a Defence to the claim.

Do you know anything about the original debt?

You said you were with BUPA (private health insurance?) at the time of the hopsital stay

- so were you aware that you might be charged or were BUPA supposed to cover any bills?

If you don't have a reasonable prospect of defending the claim,

the Court probably won't set judgement aside

(despite the clear issues with service of the claim)

- what would be the point of setting aside Judgment,

only for the case to go through the entire litigation process culminating in a trial,

only for Judgment to be entered against you again 6 months down the line.

When did you last live at your parent's house?

Were you living there when you signed up to BUPA or incurred this debt?

I havent got a problem paying the money, I advised them if it is set aside I will make payment, I just dont want a CCJ on my credit file for 6 years.

I have not lived at my parents address for years and certainly not since I attended the hosiptal.

the CCJ was registered at my old address though.

I was very Ill, not diagnosed by this hospital, they refuse to give me prices so I was not aware it would exceed BUPA funding. I was given CCJ in Feb 16, which is when I finally had my operation to cure the problem.

Bupa were updated when I moved, as I was refered to this hospital via bupa, I presumed they would deal with them direct. I didnt go to the hospital of my own choice, so why would I think I need to update my deatils with them when I moved. I notified all relevant parties, such as bupa?

I am hoping someone can help with a defence,

I have unfortunately been ill whilst pregnant and unable to continue with the claim until now.

as I have been on sick pay couldn't afford the fee to have set aside

but really need this sorting as with a baby on the way we are looking to buy a property and this CCJ is going to cause issues.

I am now wanting to defend on the points I have raised above,

pay the outstanding amount immediately

and then I will make a claim against Claremont regarding the poor medical treatment.

Have you managed to set it a side?

I am hoping someone can help with a defence, I have unfortunately been ill whilst pregnant and unable to continue with the claim until now. as I have been on sick pay couldn't afford the fee to have set aside but really need this sorting as with a baby on the way we are looking to buy a property and this CCJ is going to cause issues.

 

I am now wanting to defend on the points I have raised above, pay the outstanding amount immediately and then I will make a claim against Claremont regarding the poor medical treatment.

You may be less likely to get a set aside now.

Any application for set aside needed to be made "promptly".

The claimant might say that you shouldn't be granted the set-aside for not acting promptly: less of an issue if they agree a set aside by consent .....

I have not had it set aside yet as I need to now put in a defence.

the CCJ was submitted in FEB 16,

I was not aware until OCT 16 that I even had a CCJ??

and it took their solicitors a while to even find the details of my CCJ.

As I have explained I am pregnant and have had severe medical issues,

obviously the health of my unborn child had to take priority.

I am hoping that any court would understand that???

I have not had it set aside yet as I need to now put in a defence. the CCJ was submitted in FEB 16, I was not aware until OCT 16 that I even had a CCJ?? and it took their solicitors a while to even find the details of my CCJ. As I have explained I am pregnant and have had severe medical issues, obviously the health of my unborn child had to take priority. I am hoping that any court would understand that???

Afraid not...all application to set a side should made promptly...the longer its left...the less chance of success....unless as stated you get the judgment claimant to agree by consent.

Andy

Ok well my actual question was help with a defence, as I am applying to have it set aside. Im wondering if anyone has anything helpful to contribute?

I am filling in the form N244 am I classed as, claimant or defendant?

Thanks in advance for any help that can be provided.

The Defendant obviously...are you sure you should be taking this on given you dont know the difference ?

I thought that was the point of this forum? for help and support? if I had realised it was full of trolls I wouldn't have bothered. I will seek advice else where!

If it were me, i would keep it simple.

Firstly you are applying to set aside the judgement having only heard about the CCJ in October 2016, as the claimant served the claim to an address you don't reside at or have ever provided. In regard to the delay in applying for the set aside from October, the claimants Solicitor could not find details of the claim and that you have beem suffering from ill health, as well as being pregnant.

Secondly, you were never advised by the claimant of the cost of the service they were providing in advance and they failed to invoice you for their services. Therefore, you were not aware whether the cover held with BUPA covered the costs of services provided. You therefore believe the claimant has failed to undertake pre action protocols in actually sending an invoice to an address where the defendant was resident.

If you want help, you need to be a bit more understanding that people who contribute to this site volunteer their time to the site trying to help people. I think you need to sit down and write down a longer explanation of the exact circumstances in a chronological order. Then add the details to the thread and ask for help. More detail is needed about the contract with the Hospital and to what extent BUPA were involved. Did BUPA have the information about actual costs to send to you, but never did ?