Having a CCJ set aside - costs?

[Kefz]

Just trying to put the final icing on the cake with paying off my past debts, and trying to have a CCJ set aside. The upshot is that 3 years ago out of the blue, a creditor put the account into the hands of a solicitor (well, debt collection outfit working out of a solicitors practice) who then put it into county court. Upon receiving the court papers, I spoke to the solicitors and agreed a payment plan to avert the legal action and made an immediate payment (May 2005).

 

I'm not sure what happened the month after (June 2005) but I think I assumed they'd just continue taking it off my card, but in July 2005 with absolutely no contact I received a letter from the court saying that the solicitors had entered for judgement by default and had been granting it.

 

For the 6-18 months after this I was in dispute with the solicitors (whilst continuing to pay), after that the communication went dead. Now there's a hearing for me to have the CCJ set aside at the end of the month, and I've entered the following evidence:

 

1) Letters from both sides investigating the likely loss of letters from one to the other

2) Letter saying that they did agree to settle out of court in May, didn't receive June payment and then went for the default judgement June/July (??? can you do that if you have settled, especially given fact #1 ?)

3) Letter from the original creditor refusing my CCA request last month on the basis that it is being dealt with by their solicitors (shouldn't have have passed the letter on instead)?

4) Explanation for the long delay in applying for set aside (i.e. attempting to resolve through communication, nasty working week to try and make ends meet etc)

 

Now, they've responded with a wad of paperwork and a refusal to not have the CCJ set aside - and now are trying to claim a silly figure per hour on top of what they believe they're owed for 'ligitation assistant's' time! Surely they can't claim costs on this even if I was to be refused the set-aside since my application isn't vexatious or anything like that?

 

What are people's thoughts about all of this since most people's experience of having CCJs set aside on this forum range from very straight forward to insanely difficult?

 

TIA!

 

Kefz

[AndyOrch]

Hi Kefz

 

Dont know if you have looked here a lot of good advise re set asides :-

 

You should find all the information you need here:-

 

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

 

the court fee is £75 by the way!

 

Regards

Andy;)

[Kefz]

Hi Andy

 

Thanks for that mate - I've already gone through the information and put all the paperwork etc in - the hearing is at the end of the month.

 

Cheers

 

Kefz

[Kefz]

bump for advice

[postggj]

hi kefz

to answer your question ref set asside

 

i had a ccj set asside last year, its quite straight forward.

it helps if the original creditor does not object to your application.

in court you sit at a table and the judge asks you why it should be set asside.

at the end of the day its up to the judge to set asside, not the creditor.

i think the talk about costs is just to frighten, nothing to do with them.

you have paid the court to decide.

 

i must say its very hard now to get a set asside with out a very good cause, but in your case take your correspondents with you to court.

have you sent the correspondents to the court with your application.

i say this because judges have made there mind up before the hearing on the evidence submitted. this shows you have done your home work and are not wasting the courts time by going over things again.

best to keep the judge in the right frame of mind by doing the work for him.

my application lasted no more than ten minutes and ccj gone from cra within the week.

 

good luck

[Kefz]

Interesting, thanks for the info - do you HAVE to attend the court? The solicitors have already backed out of attending in person.

Edited August 7, 2008 by Kefz
extra info

[citizenB]

From what I have read on other threads, you are advised that it is in your interests to attend.

[IC3GB]

A question for you all if I may.

When applying for your set aside and submitting a N244, did you get it witnessed by a solicitor? I'm about to go for Halifax before the date set for their attachment of earnings hearing, No CCA, failed to comply with SAR, Late Charges, Over Limit Charges and PPI going back years.

Cheers

IC3

[AndyOrch]

IC3GB

 

 

You can have it witnessed by a Sol or alternativly at Court.

 

Regards

 

Andy;)

[GarethDR]

Edited December 3, 2008 by GarethDR
old account

[KER]

Just wondering if Kefz still visits and the result of this case, as I have an old one I want to get set aside for lack of CCA too!!

[Kefz]

Hi Ker

 

I do indeed - to be honest, it went tango uniform unfortunately. Despite hearing that the judgement was not legitimate due to it being a judgement by default whilst under the CCA (not allowable) and with clear evidence including a letter from the solicitors firm of them actually admitting to coming to an agreement then effectively changing tack a month later, a letter was sent after the hearing stating under the Act which dictates set asides, I hadn't "shown enough evidence".

 

Just to make it more interesting, the judge slapped me for the costs of the other half at the required one hour of a paralegal's time to bind a document full of mostly irrelevant information, and obviously I lost the money required to begin the set aside process. Oh, and the letter duly mentions that there is no appeal process.

 

If I'm being honest I wish and I'd probably recommend to either negotiate with the firm to settle in full on condition of the judgement being set aside, or paid it off then set it aside in the hope that they didn't challenge it since they'd had their pound of flesh as it looks like I'm stuck with it.

 

Hope this helps

 

K