Chances of Defendant Setting aside CCJ

[rory123]

Hello

 

I have 2 CCJs against a person who lives in the same block as me. I think they ignored the court action I took against them as they did not have a defence. Judgment in default was given to me.

 

The first CCJ was given last September and I saw the letters arriving, I also left a number of letters pointing out they had a CCJ in case they claimed they did not know.

 

Anyway, when it was obvious the guy was going to have to pay, he applied to set aside judgment against the first CCJ on the basis that he knew nothing of court action. I can prove to the court he knew of the CCJ 2 months before he appealed (I can only give my word about what I saw in September) and had done so at the last minute when it was obvious he could not get away with it.

 

My question is, is his application likely to succeed from what I have told you as I have heard some stories of people getting away with this despite witnesses confirming the saw post arriving at the correct address? With regard to the second CCJ, I filmed a note being pushed under his front door (he lives alone) giving him the details of that CCJ so I can ask him at the hearing why he has not applied to set aside this CCJ, is it because I have not tried to get the cash awarded yet?

 

Any help would be thankfully received

[BankFodder]

The general rule is that if he can show that he has an arguable case then he will get the setaside. It doesn't seem fair but that is what normally happens. If you can show that he doesn't stand a chance then he won't - or is unlikley to. However, the odds are in his favour.

You should have put the bailiffs in ages ago. Why did you wait?

[rory123]

I suppose it depends on what is an arguable case. Yes he will argue but he is a liar, I have all sorts of evidence I will present that this is so. Is there any mileage in suggesting that the court sends out letters by mail, if the address is correct and the person is resident then if people just claim they do not receive those leters there wily nilly the court may as well abolish itself as anyone who can claim down the line that the court's service is inadequate

[vjohn82]

The general rule is that if he can show that he has an arguable case then he will get the setaside. It doesn't seem fair but that is what normally happens.

 

Yet this is advocated for people on here who have an arguable case against consumer debts and, moreover, actively encouraged.

 

If they did not received the claim form, for whatever reason, then they should rightly have the opportunity to defend the action.

 

If you have a good case then why worry?

[rory123]

I completely agree VJohn, I too would actively encourage him if he did not know. However if I can attend and say this guy has more than one CCJ, I saw this post arrive, I wrote him letters also in case he tried to claim he did not know, I witnessed him tear up order to attend court papers re this case I presented by hand and others saw the pieces, I videoed a note pointing out he had a CCJ going under his door and that one has not been appealed and there is the fact that he did not appeal until appearing for an order to attend (ie he must have known of the CCJ at the latest when I personally served the papers 2 weeks ago), can he still get it overturned?

[rory123]

...and I should add I do worry because I have known of people get CCJs overturned even when the claimant and a witness have testified a person received a claim and ignored it (they just denied this in court and said it was rubbish and that was a sufficient defence it seemed)

[Belaflat]

Even if he does get it set aside, it doesnt mean it has gone away. You restart the process and if your case is watertight, you will again get judgement against him.

A set aside does not mean struck out.

[vjohn82]

I witnessed him tear up order to attend court papers re this case I presented by hand and others saw the pieces, I videoed a note pointing out he had a CCJ going under his door and that one has not been appealed and there is the fact that he did not appeal until appearing for an order to attend (ie he must have known of the CCJ at the latest when I personally served the papers 2 weeks ago), can he still get it overturned?

 

Then you point this out in the set aside hearing. The first one is hearsay so wouldn't count necessarily. However you videoing the note going under his door is perhaps an interesting one for the Judge to look at. However, being devils advocate, this does not definitively prove it was in his hand. What if a visitor picked it up, it went under a carpet etc etc.

 

You can dispute a set aside and if you have reasons to do so then this is the course you must take

[rory123]

cheers, that makes me feel better, then I could say this is highly unlikely although possible, turn to the facts of the case and forward the letters that tell different versions of the story and say this is obviously a lie so please don't believe his highly unlikely story.

 

As someone who has had to move addresses a couple of times due to being made redundant I can fully sympathise with people who honestly don't know they have a underserved CCJ or get into financial difficulties but this guy is a complete liar who just wants to avoid his responsibilities

[Guest Jason King]

I wouldn't bother wasting time on attending the set aside hearing, if there is one, as he will get it anyway.

 

I'd just write a letter to the court and agree to a set aside so as not to waste more time so that your claim can be heard as soon as.

[laydee_p_uk]

I don't know how to start my own thread..

 

I have a ccj against my name but i dont agree to it whatsoever! i didnt take it too seriously when i found out n thought it would never affect me so i just ignored it.

 

I got my ccj from university for not paying tuition fee's. but the thing is i didnt even attend the university not once. i enrolled online n never stepped foot on the premisis and never used there resources. I only received the letter saying i a letter back saying i disagreed with the ccj n then did nothing til i find out a year later that i have a ccj.

 

I can prove that i didnt attend the university as i was in hospital for quite some time n the other time i was doing voluntary work

 

What can i do now that a year has passed n i refure to pay £4000 for something i didnt use.

 

Please help me! its driving me mad!