Court app for set aside of a CCJ

[GTW]

Hi Everyone

Just found this forum this morning while surfing around the subject of CCJs.

I’ve read a few threads here and the advice seems excellent so I was wondering if anyone could help me with my particular query.

In August 2006 a CCJ was granted against me, followed by an interim charging order against my house in February 2007. The Order was subsequently granted by a Judge in County Court in March 2007.

Due to a split with my partner, I left the house involved in Nov 2005, to live somewhere else. Relations with my ex-partner were very bad at the time and no post was forwarded to me (she put ‘not known at this address’ and sent any letters back in the post). Consequently, I did not know about the CCJ in August 2006 and did not attend Court or even send an acknowledgement to anyone.

Gradually my relationship with my ex-partner improved and she began forwarding mail to my new address (a friends house). The first I knew about the CCJ was in late February 2007, which by that time, the interim Charging Order had been granted.

I attended the subsequent Final Order in March 2007, but never really got to put my side of this to the Judge. He was going to grant it and that was that.

My question is – is it possible to apply to get the original CCJ set-aside on the basis I did not know about it?

I must admit that I am mostly to blame in this. Following my break up with my partner and leaving my home, my world fell apart for a while and I did the classic thing not to do – stuck my head in a bucket of sand and tried to ignore everything for a year, so I didn’t tell my creditor that I had moved address.

Does anyone think I would have a chance in setting-aside the original CCJ?

(I am prepared for a resounding no, but at £65 per application I thought I would ask some advice first).

Many thanks

GTW

[MARTIN3030]

Welcome to the site.

I am going to move your thread where it should get you more response to your questions.

For your application to Succeed you would need to show reasons / circumstances that will show the Court that had you been able to defend it at that time,then there would have been a likelyhood that the CCJ would not have been granted.

Because of the length of time between the CCJ being challenged (almost 2 years ) It may prove difficult.

Its extremely rare that CCJs will be overturned unless they have been listed under a wrong name or that it was a mistake due to other reasons.

[Edz11]

Well. you aren't going to be able to get it set aside without applying. Two things (at least) that the court will consider is the time taken and if you have any grounds for winning (why reopen a no chance case?). So although you could possibly come up with a reason for the delay, you haven't got one yet that gives grounds for reopening. Have you got one??

 

Default judgments stink insofar that getting them set aside is difficult. Most people panic when they get the POC and do nothing. When things get much worse or they get their head together, it can be well past a time when it is possible to get a case reopened in the County Court. And you are dependent on the whim of a Judge feeling benevolent that particular day.

 

The European Credit Directive is having a further reading inthe European Parliament on 12/12/07. As it will determine how UK credit laws will operate it is of more than passing interest to us. I've written to my Euro MP and suggested an amendment to the Directive;

 

“Member states shall ensure that the operation of their legal systems or court/tribunal processes does not prevent the exercise of rights given by this directive in cases of default judgments”

 

Which means that there is little point in having consumer credit law without the relevant Couts systems being positive in helping consumers excercise those rights. I would suggest that everyone else on here writes to their Euro MP along similar lines.

[GTW]

Many thanks for the replies. I had a feeling my chance would be very low. My only grounds really for trying to set-aside the CCJ was that I had left the home they wrote to me at and with no mail being forwarded I did not know about the court date. I probably could have stopped it had I attended as not long after (once I had 're-surfaced' so to speak) I began regular re-payments etc.

 

My own fault though at the end of the day I know.

 

Once again, thanks for your thoughts on this.

[joshuaf1968]

see my thread on cabot..

 

I just got CCJ and Charge removed for debt in excess of £15000

 

this was because they failed to suppy docs under CCA

[JOSH_IOU]

well done

[GTW]

Thanks for the info josh. Sorry but I'm not too good at searching these forums yet - could you be more specific as to the location of your cabot thread? I am very interested in any thread relating to removal of CCJ and subsequent charge. Many thanks.

 

I've been lurking in these forums for a few weeks now, just to get a feel of the place really. As I am effectively running my own DMP (total £46k) its amazing how many of my wonderful creditors (well recovery agencies I guess rather than my actual creditors) come up in peoples threads - Robinson Way, Westcott, Moorcroft and the gits who pushed the CCJ on me without me knowing about it, Eversheds. Like other new forum users - its good to know I'm not alone in dealing with these people!

[SL1210]

Thanks for the info josh. Sorry but I'm not too good at searching these forums yet - could you be more specific as to the location of your cabot thread? I am very interested in any thread relating to removal of CCJ and subsequent charge. Many thanks.

 

I've been lurking in these forums for a few weeks now, just to get a feel of the place really. As I am effectively running my own DMP (total £46k) its amazing how many of my wonderful creditors (well recovery agencies I guess rather than my actual creditors) come up in peoples threads - Robinson Way, Westcott, Moorcroft and the gits who pushed the CCJ on me without me knowing about it, Eversheds. Like other new forum users - its good to know I'm not alone in dealing with these people!

 

Hi GTW

 

This is the thread that Josh was referring to. http://www.consumeractiongroup.co.uk/forum/cabot/127800-some-good-news-share.html

[GTW]

Many thanks for your help SL.

[Robbie T]

It is not exactly a consumer credit CCJ but a stitch up nether the less.

 

I have seen individuals with an almost identical story as myself, as I sold my car the docs never got to the DVLA the next owner didn't tax it and upon my return after 2 years in Iraq found i had a CCJ waiting for me.

 

Non of the mail was forwarded on by the letting agents of the property I had exited and practically the only people I didn't inform of my change of address where the DVLA as I didn't have a car due the new job overseas.

 

The CCJ is for a poxy £100.00 and has been a real pain, someone told me when you settle it you have admitted it was required to may you pay it and it is on your credit file for six years from that point. (which I now think was slightly erroneous advice).

 

I read on another website contacting the person/company who you "owe" money to in my case can if they wish cancel the CCJ or give you the ability to have it set aside. I am now waiting for the DVLA to get back to me to see if i can avoid doing it through the court in the first instance.

 

Does anyone have any thoughts on this