Help to Set CCJ aside

[ETL_DA]

Hello,

 

Back in 2004, my mobile service provider were charging me in correctly for pay monthly account. They were charging me for 500 free minutes but I remember my contract was for 600 free min. I spoke to them back in 2004/05 to send me a correct bill which I can pay and I refused to pay the incorrect bill.

 

They never sent me any correct bill but sold my account to debt collector. Recently in 2011, that debt collector has successfully got a CCJ against me which I have recently found out by looking at my credit history.

 

I made a mistake by not replying to the letter which court sent me back in 2011. It might sound strange but I thought that letter is from the debt collector trying to intimidate me.

 

I am planning to apply for CCJ to be set aside.....does it sound like a good idea?

 

I unfortunately don't have the copy of either the contract or bill any more as have thrown them long time ago.

 

Thanks for your help.

 

Cheers...

[gazhodge1981]

When was the last time you made a payment on the account?

Did you ever get a default notice?

How much it the debt for?

How long ago was he judgement?

Sorry for all the questions

[dx100uk]

most of which are not really relevent.

 

unless there was a 6yrs period before the last bil payment an the CCJ.

 

as for the set aside.

 

if you didn't get the court papers then thats good enough a reason to set aside.

 

very rare to see a mobile phone account get a ccj, thats because they did it by the backdoor

on purpose.

 

dx

[gazhodge1981]

No paperwork will be good enough to have the judgement set aside but will still need to show that the claim is capable of being defended, hence the questions.

You don't bring a sword to a gun fight

[ETL_DA]

I have not made any payment to the DC or to the mobile service provider - as my argument was the bill is incorrect. This is an only thing I am basing the whole set aside dream.

 

I received the default judgement from Court last year in August even though the dispute started with mobile service provider in 2004.

 

The amount is relatively small but still in principle I believe the amount charged is incorrect hence I should request for it to put aside.

 

What do you guys think?

 

Cheers

[Gazette]

You mentioned that the dispute started in 2004. Is that when you made your last payment? If so, by the time the CCJ was made the debt would have been statue barred.

[National Debtline]

Hello there.

 

For a set aside to be successful you need to have two key ingredients:

 

1) The application needs to be made 'promptly'

2) You need a realistic prospect of success in defending the CCJ.

 

In addtion, the court may agree to set the judgment aside if they feel there is some other reason as to why it should be.

 

It's important to note, though, that not receiving the court papers isn't usually enough to have the judgment set aside unless the creditor sent the claim form to the wrong address, this would allow a mandatory set aside as a matter of right. If the claim form went to your last known address as far as the creditor is concerned it may not be enough to guarantee a set aside.

 

For further information on set asides we've written a guide here:

 

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

 

Best wishes,

 

NDL.