Set aside CCJ

[Debtjay23]

Evening all

 

Had a CCJ issued to me back in December 2012 which has only come to light from recently looking at my credit report and was something for £123.

 

I never received any paperwork or confirmation that the CCJ had been issued to me

 

upon taking advice from National Debtline I put an N244 application into the court to have the CCJ set aside.

 

Since my application I have had a letter from Northampton county court stating they were transfering the case to Harrogate county court

and would receive notice of time,date and place of the hearing.

 

I have now received a letter today with another notice of transfer of proceedings but this time to my local county court.

 

Also in with the transfer was a 'General form of judgement or order'

 

Before the district judge at Harrogate county court

 

Upon the courts own motion.

 

The court has made this order of its own initiative without a hearing.

 

If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

 

It is order that

 

The defendents (me) application to set judgement aside be transferred to his home court.

 

Any ideas what this is all about and is it looking promising ?

[Debtjay23]

Right had a letter from the court to attend a hearing,anyone ever been to one and what to expect ? The creditor is 5 hours away in Harrogate which to me for a £123 will they turn up ?

[dx100uk]

srd practice

 

i'll moved your thread to the legal forum

 

if you type in our search top right

 

set aside CCJ

 

there are many threads to follow

 

dx

[dx100uk]

i take you mean 2010 as your earlier thread?

 

dx

[AndyOrch]

Definition of Default Judgment

 

Once a claim has been issued the defendant has 14 days in which to respond. If within that time they file an acknowledgement of service they are entitled to a further 14 days to return their defence. The law states that, if the defendant does not file an acknowledgment of service or defence, the claimant is entitled to ask the court for a default judgment. A default judgment is, therefore, a judgment entered without a trial after the defendant’s failure to defend the claim.

 

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

Regular Default Judgments

 

If the defendant fails to respond to a claim, which has been issued and served in accordance with the law, the claimant is entitled to apply for a default judgment. A default judgment entered in these circumstances is said to be “regular”.

The Law on Applying to Set Aside a Regular Default Judgment

If a defendant wants to set aside a default judgment he will have to make an application to the court. If the claim was not issued in the defendant’s local court the case will be transferred to that court and a hearing of the application will be listed.

To have a default judgment set aside the defendant will have to satisfy the following legal test found in Part 13 of the CPR:

 

• He has a defence with a real prospect of success; or,

• The judgment should be set aside for some other good reason;

• The application to set aside the judgment was made promptly.

 

Applying Promptly

 

In deciding whether or not the defendant has acted promptly in making their application the relevant date is usually the date on which the defendant found out about the judgment. Judges have differing views on what constitutes a prompt application. Some say that anything over four weeks shows that the defendant has failed to act promptly – others will entertain applications made many months later.

 

The Merits of the Defence

 

The defendant will also have to convince the judge that he has a defence that has a real prospect of succeeding. It is not enough for the defendant to show merely that he has a defence that would be arguable in law. The defendant should support their application with evidence.

Setting Aside Default Judgments on Terms

 

In some circumstances the judge may agree to set the judgment aside provided that certain conditions are met. For example, a judge could order the defendant to pay the amount claimed into court. This might be done in the case of a defendant who is pursuing a tenuous defence simply because he cannot afford to pay the debt.

 

The Defendant Says That He Never Received the Claim Form

 

The law on service of court documents states that:

 

• if the court sends the defendant a claim form at his usual or last known address; and,

• it is subsequently returned to the court as un-delivered;

 

the claim form has still been validly served and the claimant is entitled to a regular default judgment.

Therefore, even if the defendant can persuade the judge that he never received the claim form, the judgment was still regular as a matter of law. However, it may provide an explanation for the defendant’s failure to respond to the claim.

 

The Judge’s Discretion

 

The law on default judgments provides judges with a wide discretion to set judgment aside. Justice demands that a judgment which has been entered with no, or little, regard to the merits of the claim should be set aside if the defendant has a good defence and made his application promptly. However, there is no point setting aside a default judgment if the defendant has no chance of defending the claim. It would be a waste of time and money because, ultimately, the claimant would simply obtain another judgment. The courts should be slow to deprive the claimant of a valid judgment obtained in accordance with the law.

 

Regards

 

Andy

[Debtjay23]

Yes sorry 2010

[Debtjay23]

Tuesday 11th December 2012 I attended the hearing at my local county court and the claimant didn't turn up but judge had letters from them which wasn't really that clear saying I owe £35 but not explaining what for so the judge set aside my judgement now I'm waiting for defence from the claimant once that is received I send my defence.Now it's been set aside would it just be worth me paying the amount ? Would that mean case closed ?

[AndyOrch]

Would depend on the Claimant if they wish to reissue..if not nothing to pay.

 

Regards

 

Andy

[Debtjay23]

Hello had a CCJ set a side on Tuesday the claimant didn't turn up and just provided a letter with just a total saying £35 not explaining what for etc so saw it in my favour to set aside the CCJ.The judge requested from the claimant some defence then once that is received I put my defence forward.So now it's been set aside would it just be worth paying the £35 then that should be it all sorted with the risk of no further CCJ's ? Is that correct ?

[ims21]

Two threads merged

 

Please keep to this one thread for this issue.