Jump to content


GRJarestars

setting aside ccj's

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3630 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi.

 

I read somewhere that there are some valid reasons when a court HAS TO set aside a ccj but can not find any reference to it anywhere. Does anyone else know where I can find this list?

 

Many thanks

Share this post


Link to post
Share on other sites

non recept of a valid claim form

debt statute barred

not your debt

realistic chance of winning a case

Share this post


Link to post
Share on other sites

thanks for your response. Im aware of the general reasons for set asides but I thought that I had read somewhere that there were a few reasons when the court HAD NO CHOICE but to set an order aside. Am I wrong in thinking that?

 

My husband and I received a late claim from a bathroom company alleging a debt for an order that was never fully completed. we did a defence but it got there late as we was on holiday when it came. we asked for a set aside and wrote to the court twice pointing out the above but they have steadfast refused to set aside the judgement.

 

However, the claim is in the name of MR and Mrs, this is an assumption on the part of the solicitors dealing with it. As my name has never been Mrs it is Ms and my surname is different to that of my husbands and always has been. I was wondering if this was a ground for setting aside the CCJ?

 

any help greatfully received

Share this post


Link to post
Share on other sites
thanks for your response. Im aware of the general reasons for set asides but I thought that I had read somewhere that there were a few reasons when the court HAD NO CHOICE but to set an order aside. Am I wrong in thinking that?

 

My husband and I received a late claim from a bathroom company alleging a debt for an order that was never fully completed. we did a defence but it got there late as we was on holiday when it came. we asked for a set aside and wrote to the court twice pointing out the above but they have steadfast refused to set aside the judgement.

 

However, the claim is in the name of MR and Mrs, this is an assumption on the part of the solicitors dealing with it. As my name has never been Mrs it is Ms and my surname is different to that of my husbands and always has been. I was wondering if this was a ground for setting aside the CCJ?

 

any help greatfully received

 

 

Unfortunately, the claimant getting the names wrong is not grounds for applying for a set aside.

 

Postggj has listed the main arguments for applying.

 

Have look through the link below as it may list some others -

 

CCJ removal inc. step by step guide


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites

Again, thanks for the prompt response and the link which I have looked at.

 

It seems quite odd that someone can get a judgement against you in the name of Mrs smith when your name is ms Jones. How would they be able to enforce it? for example, an attachment of earnings wouldnt work as Mrs Smith does not exist and so you couldnt ask ms jones to pay the debt on behalf of Mrs Smith. So in that case all you can do is to go after Mr Smith for the alleged debt.

 

Also, what a clever way to get a ccj against someone. Make up a name, apply to the court for a ccj. Court papers get ignored because the name is not recognised and a default judgement is then given. Surely that can not be lawful?

Share this post


Link to post
Share on other sites

You could try applying for the set aside spending £75.00 in the process for a Judge to tell you that he would allow the names stated in the Particulars of Claim to be amended.....not my rules but the Courts.

 

I can understand your annoyance but a Judge would tell you that you had your chance to defend the claim and you missed the deadline.

 

I'm sorry that it is not what you want to hear.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites

Thanks for your advice.

 

But just for the record, I did not have a chance to defend this action as I was not in the country at the time the paper work was sent. I sent it at the first available opportunity.

 

But actually, I have now found the info that I was looking for:

 

When must the court set aside the judgment?

 

The court must set aside the default judgment if you:

  • have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment;
  • sent back the acknowledgment of service form within the time limit;
  • put in a defence within the time limit; or
  • sent in the reply form within the time limit asking for more time to pay.

The court must set aside the judgment in these circumstances, even if you do not have a defence.

There is no time limit for making an application on these grounds.

When is it up to the court to decide?

 

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

  • the court thinks you have a real chance of a successful defence to the claim; or
  • the court thinks there is some other good reason why the judgment should be set aside.

There is no time limit for making an application on these grounds but the court will look at whether you made the application ‘promptly’.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...