If a CCJ is Set Aside what happens to money already paid?

[xx.Morph.xx]

As the title really,If a CCJ is Set Aside what happens to money already paid?.

 

If a set aside is granted it is my understanding that the court process goes back to the claim stage before any monies were paid under threat of ramifications from the CCJ.

 

So is the money seen as a gift & non refundable?

Does a request for the reayment of money have to be asked of the court at the set aside hearing?

Is it held in limbo until a sucessful defence of the original claim?

Is the money automatically ordererd to be repaid?

Am I pi$$ing in the wind for thinking I might get a sniff of my cash back?

 

all views & comments welcome

 

Morph

Edited July 22, 2009 by xx.Morph.xx

[xx.Morph.xx]

B_U_M_P.

 

Anyone?

[avatari]

I'm interested in this too as, like you, i have paid money under a CCJ that has now been set aside. I am yet to enter a defence following set aside, i'd like to know if i should counterclaim or put in a separate claim if the claimant discontinues.

 

Be good to see what the experts think - people must have gone thriugh this before us.

[Spamalot]

I haven't been through this yet, but my gut feeling is a counterclaim.. I posed the same question in my thread but there was no 'concrete' answer at the time.

My concern would then be if the claimant decided to discontinue but I suspect you could ask for a 'refund' in a wasted costs order... just musings I'm afraid, I'm sure an expert will come along and say I'm talking out of my hat!!

 

Spam.

[avatari]

come on guys, the gauntlet is down! there must be someone out there to tell us newbies the answer to the question of what happens to funds already paid under CCJ after set aside followed by discontinuation by the claimaint/case struck out?

 

really want to know, i am in thsi position too!

[xx.Morph.xx]

I'm in court on Tuesday, does anyone have any ideas if/how I can get my money back ?

 

Morph

[avatari]

Morph, the set aside hearing definitely won't deal with the issue of getting your money back, only if you have a genuine argument for returning proceedings to the initial claim stage before judgment.

 

At my set aside, i raised the issue with the judge as to how to claim back, he said to make a counterclaim alongside my defence: my case is slightly different in that I have been subject to mistaken identity rather than unenforceable agreement so my counterclaim stands a good chance, but a judge may take the view the view that any monies already paid are your problem if it's about an unenforcebale CCA, I really don't know.

 

May be easier not to muddy the waters and, once the claim is discontinued, pursue a new claim against the claimant: again, I speak not from experience or legal knowledge, so still hoping someone can come along and set it straight as to the best course of action.

[avatari]

Morph, how did you get on?

[arcacia]

Can anyone help PLEASE.

 

I have just stumbled in and seen that some of you have had success at having a CCJ set aside. Could someone tell me if I have a case to have it set aside? If I do would you mind helping me with the N244 cos its so confusing. Thanks

 

 

Sep 2008 applied for a morgage and was refused

Checked my report to find I had a CCJ from South West Water. I was horrified and stunned.

Dec 2006, I moved house but had been receiving water bills addressed to me at my new address, which I was paying consistently ( so y would I for nearly 2 years think, they did'nt have my new address!! I still have the bills, I also paid on line through south west water payment online.

When I phoned South West Water, I tried to challenge them as I had been receiving water bills in my name. They remained adament that I had never informed them of my change of address but I must have or I would have had bills addressed to the occupier. Furthermore, they persuaded me to pay the CCJ of £100, and told me that it would not have an adverse affect as long as it was satisfied. So believing what they said I paid the £100, however it is recorded on my credit report as £342, which I'm very confused about.

 

I never ever recieved any summons or had the chance to appeal, also I don't believe I owe them as I was consistently paying for two years. Therefore, I would have accrued more debt if they didn't know where I was.

 

Furthermore, I have worked hard the last year and a half to improve my credit rating. It is now at a score of 733 which is fair. However, again a year later with a better credit rating I still cannot obtain a mortgage

 

I would welcome any advice on how I can challenge this CCJ and get it removed as it is causing me so much stress and upset. For the last two years I have had so many knock backs with trying to get a mortgage and I'm in the best financial position I've ever been!

[Spamalot]

Hi and welcome to CAG..

 

My advice would be to start a new thread in this forum..

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

and the expert advice will begin to flood in...

 

Spam.

[avatari]

Hi arcacia. I'd be happy to help you with my experiences of getting an old CCJ set aside, but please follow Spam's advice first, a new thread is the best way to go as you''ll get much more help than if you post a question on top of other people's threads.

 

PM me when your thread is open!