Should I apply to have a ccj set aside?

[twiser]

Ok this is a brief history of my last 4 years so you can see where I am coming from.

 

My business collapsed in late 2007 leaving me in all sorts of financial problems. The problems compounded themselves with my stupid decisions to take out more finance etc.

 

Well having struggled through all manner of things including using the dreaded Log book loan companies and losing my car and payday (read crazy interest) loans I am happy to say I have now reached the position where I have paid all my debts in full apart from 2.

 

I was so stressed by various things at the time that I didn't respond to lots of letters, in fact I didn't even open them. I was aware of my debts existance but not how far things were going.

 

One of my outstanding debts was with a solicitor I used to wind up the business but then could not settle his bill in full and the other was from a supplier.

 

Both of these companies applied for ccj's and of course, as I did not even open any letters, they won. I have not been in contact with them at all but I have now saved up enough to pay them both off in full, which was always my ultimate intention.

 

I would like advice as to what to do next. Should I contact them and ask if they will agree to have the ccj's set aside in return for full payment? They are both 2 and a half years old now so they probably think they will never get paid. Or should I apply to the court to have them set aside? Then if successful I could pay in full and they would be removed?

 

The main reason for this is that I would have been out of debt a lot sooner had I not had them on my credit file. My mortgage broker tells me I am paying nearly £200 per month more than I would have done if I had no CCJ's.

 

My only other blemish on my file is a stupid default from O2 for failure to cancel a contract in time but that was 4 years ago and satisfied so not too bad.

 

Any advice would be most welcome. I must reiterate I have not shirked any of my responsibilities for any debts and have worked bloomin hard to get back into the black. I just want to draw a line under the whole sorry period in my life and move on without being beaten with the bad credit stick for another 3 and a half years.

[twiser]

Ok can I put this another way? What is the likelihood of the companies I owe money to agreeing to remove the CCJ if I offer to make payment in full? And is this possible?

[MrZ]

Before you apply to have a CCJ set aside, you need to be sure you have a defense. As I understand it, you want to pay the full amount owing. Thats not a reason a court would set it aside. If however for example you wished to set aside because you dispute the amount owed, you could then apply to have the Judgment set aside. If you do get the Judgment set aside, you could then offer payment to the creditor and if they accept, the the claim would be withdrawn. I imagine you would need to offer to pay their cost in making the claim as well. I cant imagine a creditor would accept less than the full amount of the Judgment unless you have a very high likelihood of defending the entire claim.

 

A creditor can not remove a CCJ, even if they wanted to. Only the court can do this. You can offer to pay the full amount to the creditor and then apply to the court for a certificate of satisfaction, the fee is £15.00. You need to show proof that the Judgment has been paid. The CCJ would still show on your credit file for the duration of 6 years from the date the Judgment was made, but it will show as "Satisfied".

 

This link may answer your questions:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

I hope that helps.

[twiser]

Thanks for that. I do have reasonable arguement for set aside as neither company had a credit agreement with me and as such I was incapable of defaulting. I accept I owe them the money for which I am willing to pay. I guess if they can't set it aside on my behalf I will have to go through the courts.

 

Thanks

[MrZ]

Thanks for that. I do have reasonable arguement for set aside as neither company had a credit agreement with me and as such I was incapable of defaulting. I accept I owe them the money for which I am willing to pay. I guess if they can't set it aside on my behalf I will have to go through the courts.

 

Thanks

 

If you intend to apply for a set aside, be very careful how you craft your application. If you admit to owing money, whther there is a credit agreement or not, you will have little chance of success. I understand you want the CCJ to be remove so as not to suffer from the affect of it being on your credit file.

 

I would give some serious thought as to what your defense will be. A credit agreement is not a require for something like a solitors invoice. Reasons for having a Judgment set aside may have nothing to do with the defense of the claim itself.

 

For example:

The summons being sent to the wrong address

You were on holiday at the time the claim was made

There was an error in the Judgment made

 

These are reasons to have the Judgment set aside but nothing to do with your defense of the claim itself. In your set aside application you need to provide details of what your defense will be. If your basis for defending is unlikely to succeed the court may not grant the set aside. The court need to see that you have a liklihood of defending.

 

In summary, give some thought about your reasons to set aside and possible defense in each case. It may well be that you have a good defense for one but not the other. I am currently applying for a set aside myself, but I am certainly not an expert in the area. If you feel you have grounds to set aside and a reasonable defense I am sure there are others on the forum who can help you put you case together so as not to cause yourself any additional difficulty.

 

I any event, be very careful what you admit to owing.

[twiser]

One hopefully is easier as it is for the wrong amount, by about £80. The solicitors one I was hoping to dispute as I did not receive the paperwork and they know it because they rang me at a my mother's house where I had temporarily moved to while me and the Mrs split up for a few months (stress of the whole situation!). Yet they served it to my home address when they knew I did not live there at the time.

[MrZ]

One hopefully is easier as it is for the wrong amount, by about £80. The solicitors one I was hoping to dispute as I did not receive the paperwork and they know it because they rang me at a my mother's house where I had temporarily moved to while me and the Mrs split up for a few months (stress of the whole situation!). Yet they served it to my home address when they knew I did not live there at the time.

 

If worded properly I would think those are ach valid reasons to have it set aside. I'm just curious, was the solicitors bill a final bill or an interim bill?

Solicitors can not sue for an interim bill.

[twiser]

Unfortunately I do not have the corresponding paperwork for the solictor. However I would have thought it was for a final bill as that is the correct amount.

[MrZ]

Not having paperwork doesnt help

 

No worries. If you feel you have a good case for setting aside, download the form and fill it out. You can then post the content you intend to put in the form and I'm sure forum members will help check it over for you.

[twiser]

Many thanks for your help. One last thing, should I do a SAR to the supplier to get the account details to validate the discrepency in amount or just submit the set aside request?

[MrZ]

Many thanks for your help. One last thing, should I do a SAR to the supplier to get the account details to validate the discrepency in amount or just submit the set aside request?

 

The court will want to know that you have acted quickly upon being made aware of the Judgment. The SAR can take up to 40 days, longer if the creditor doesnt comply promptly. If you have enough details...to the best of your knowledge...then you can apply for the set aside. Meanwhile you can send the SAR. This way you are not sitting on your hands waiting. If the application to set aside is successful, you will have a bit of time before a hearing to defend the claim is required. Meanwhile the supplier will have to supply you with the requested info.

 

Some will suggest that if you intend to make an application to the court, that if possible you should do so prior to sending the SAR so as not to alert the creditor that you may intentions of disputing the debt. This of course is your discretion and depends one how vital the missing information is. Remember when you complete the application you are presenting your case and details to the best of your knowledge.

 

Here is a sample application that you might find helpful:

http://www.nationaldebtline.co.uk/england_wales/pdf/n244_form_example.pdf