Applying for 3 year old CCJ to be set aside - *** Set a side & Withdrawn by Consent***

[Ganymede]

"I received a summons for a court hearing. Foolishly I did nothing”

 

That implies that there was a hearing date set that the OP didn't attend so I presume that it wasn't a judgment by default. Perhaps the OP could clarify...

[BankFodder]

Yes, I missed that. But still, there is a slim chance and it is up to the OP

[MOR]

I'm getting a bit lost, don't know what OP means.

 

With regards to the question, the Judgement I am reading states Judgement for Claimant with (in default) underneath those words

 

Is this what you mean?

[BankFodder]

The OP means original poster - which means You.

 

Don't worry about it. You have had all the possible advice - both sides. Now just go and do your best for yourself and let us know what happens.

 

The discussion for the last few posts has really been merely about how slim your chances are - but we are all agreed that they are slim.

 

It's down to you now.

Good luck

[MOR]

Thank you and I am pursuing so will let all know how I get on

 

One question to Ganymede so I understand the comment more.

 

"That implies that there was a hearing date set that the OP didn't attend so I presume that it wasn't a judgment by default"

 

What does this mean? Is there a difference and if my judgement has the words (in default) under Judgement for Claimant is this something that would make a difference?

 

I appreciate all the replies I have had, but being new to all of this I just want to understand as much as I can before I pursue

 

Thanks

[AndyOrch]

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.

 

Regards

 

Andy

[MOR]

OK Thank you

 

I will be calling the company tomorrow to discuss in the hope that I can get them to agree it was the wrong amount and taking into account other replies, to point out there will be no costs to them. I will see where it takes me, And thanks for all the replies and advice given, as without this site I would not have had a clue.

 

Regards

 

MOR

[paulwlton]

i've just posted the solicitors notes taken from a setaside application on almost a seven year old CCJ.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?38422-hire-purchase-hell/page2

[MOR]

I wouldn't put it to them like that.

 

However, if they consent then the setaside will be a formalit. It will have to be approved by a judge - but if both sies agree, then the judge won't ask any questions. It will just be stamped through.

 

Hi an update here.

 

After a few letters backwards and forwards, I have spoken to the company and they have agreed to consent, their solicitor is due to call me and they have also agreed to pay his costs. They have also said they are not going to admit they were wrong but will draft a letter from their side stating they are happy/willing for the judgement to be setaside.

 

So a few questions:

 

Is that sufficient enough for me to pursue with the court to have this removed?

Is there particular wording that needs to be put in the letter from them?

Is it a formality if this is received or does it still remain with a judge to decide if they will setaside or not?

 

Sorry for the extra questions

 

Thanks

[MOR]

Have now spoken to the solicitor from the company and he has confirmed he will be drafting a letter and sending to the court for application to seaside.

 

He has said I can get a solicitor to draft and he will review, or leave it to him to draft the letter

 

Any thoughts on wether I should let him draft a letter or should a draft be done and sent to him? If yes, any idea what wording should be used or is it now time for me to pay a solicitor to do this for me?

 

Any advice gratefully received

 

Thanks

[AndyOrch]

Providing the draft is ok and in your favour and that you vet it before submission I cant see a problem with them doing it.Saves you time and expense.

 

Andy

[MOR]

Hello,

 

Have just received word this has been approved by the District Judge. Thank you for the advice given on here and for those still fighting, it shows to fight until the end no matter what doubt or little chance people think you may have, there is always hope...

[BankFodder]

As soon as you get confirmation, then have the CCJ removed and make sure that it is reflected in the credit files held by all the CRAs.

 

Well done - and a big congrats to the claimant in the case which has acted very maturely - and humanely.

[MOR]

As soon as you get confirmation, then have the CCJ removed and make sure that it is reflected in the credit files held by all the CRAs.

 

Well done - and a big congrats to the claimant in the case which has acted very maturely - and humanely.

 

Thank you BankFodder, (and your previous help/advice). That is now my major target. As a note to others the court has treated this as urgent after speaking to them, (they are also human if you get to speak to the right person). They put it at the top of the pile, (which they only received on Tuesday, got it to the Judge, he/she returned this morning approving and the clerks have guaranteed to get to Registry Trust by end of day). So although a nightmare, it has proved if you talk to people and at least get their understanding they will, (sometimes), respond with a bit of kindness/help.

 

Also, the firm involved were excellent, (their legal counsel actually told them not to), they understood the impact and that they had nothing to gain so approved their solicitor to proceed. It did help that they took on board all of my arguments and were ready to settle by refunding a cash sum but I clearly chose the route of the setaside as that had far bigger payback.

 

Finally, thanks once again to all for the help and advice

[AndyOrch]

Welll done MOR

 

Delighted that this has been resolved ..I have amended your thread title to reflect the result.

 

Regards

 

Andy