CCJ set aside

[leighvarnham]

Hi all,

 

Very long story short - I received a CCJ as the claimant sent the forms to the incorrect address. This was paid within a month of the judgement - however I was not sure whether it was within a month or not. So as I was applying for a new mortgage in the short term, I applied for it to be marked as satisfied, but also took action to have it set aside.

 

The court took their time after supplying the information to set aside, but then I phoned the court to tell them that I wanted to cease the action to set the CCJ aside, as it was no longer applicable. They asked me to email them - I did. I have proof of this.

 

However, despite this the hearing went ahead. The judgement went against me (surprise surprise) and the lawyer representing the claimant have claimed expenses of 2,000. (I only received their statement of charges and their defence the day after the hearing).

 

I wrote to the court and complained. No answer after 13 working days. I wrote to the senior manager and today I have received the same piece of paper as after the first hearing indicating that the judge orders me to pay the costs - but with one change - the date and the phrase updated.

 

Can anybody help in outlining what I can do next?

 

Thanks.

[AndyOrch]

Hi Leigh

 

So the Claimant claimed £2K to attend a set a side hearing for a CCJ that had already been paid.(allegedly) The Judge then denied the set a side on a judgment which had already been paid (allegedly).

 

Heres the crunch " I was not sure whether it was within a month or not." If it stated 28 days then you have grounds...if it wasn't and was forthwith then you dont it goes on your CRA file for 6 years.

 

 

Now to their costs....2k to attend a set a side hearing...did they use QC ? £500 tops.

 

 

Regards

 

Andy

[leighvarnham]

Hi Andy - so the CCJ was paid within 28 days and I have proof (from the court). When I received this, I then stopped (or tried to stop) the court date for the set aside date. The hearing still went ahead - of course without me.

 

Until I received the satisfaction notice, I was not aware whether it had been paid in time.

 

However this isn't the point. What can I now do to reverse this decision or appeal? I have complained to the court - twice - and as I mentioned - the 'response' I got was the same notice indicating that I should pay the costs.....

 

Hi Leigh

 

So the Claimant claimed £2K to attend a set a side hearing for a CCJ that had already been paid.(allegedly) The Judge then denied the set a side on a judgment which had already been paid (allegedly).

 

Heres the crunch " I was not sure whether it was within a month or not." If it stated 28 days then you have grounds...if it wasn't and was forthwith then you dont it goes on your CRA file for 6 years.

 

 

Now to their costs....2k to attend a set a side hearing...did they use QC ? £500 tops.

 

 

Regards

 

Andy

[AndyOrch]

" so the CCJ was paid within 28 days and I have proof (from the court) "

 

Surely you have your own proof from payment to the claimant....and a receipt from the claimants solicitors acknowledging ?

 

If so why did the solicitor not inform you when you made application to set a side there was nothing to set a side?

[leighvarnham]

I do have proof - but the court could not tell me for sure whether it had been paid within 28 days so to hedge my bets....

 

I received no receipt

 

I don't know why the court/claimant solicitor inform me that that it had not been set aside.

 

However - the question still is what to do next......

 

" so the CCJ was paid within 28 days and I have proof (from the court) "

 

Surely you have your own proof from payment to the claimant....and a receipt from the claimants solicitors acknowledging ?

 

If so why did the solicitor not inform you when you made application to set a side there was nothing to set a side?

[AndyOrch]

However - the question still is what to do next......

 

Hence my questions to establish the facts

 

 

Do you have proof you tried to vacate the hearing for the set a side ?

Did they serve you a copy of their costs before the hearing?

Have you disputed the amount of costs?

 

Finally what does it state on the order with regards to costs ? (general Order after the hearing)

[Ganymede]

Hi,

 

You really need to check the date you made the payment however I'm not sure how much use that would be now.

 

You can't satisfy a CCJand then apply to have it set aside, that defeats the whole point. You made an application to set aside and if you wanted to withdraw it you should have done so formally and with consent of the Claimant. It sounds like the Claimant's costs were summarily assesed on the day by the Judge.

 

What was the date of the set aside hearing and what dat did you send your e-mail to Court?

 

Thanks

[leighvarnham]

So the court has finally sent me a letter indicating that there have been several admin errors in dealing with the original request for the cancellation of the hearing, and since, whilst I followed the correct complaints procedure.

 

They have proposed to have another hearing, this time with all the facts. I am objecting as there is nothing to set aside if the debt has been settled.

 

Additionally, the original claimant did not supply a defence before the hearing (I received this after the hearing), that I did not attend. Should or does a defence have to be issued before the hearing, and if so - how many days before the hearing?

 

Thanks.

[mjt2013]

The Claimant never needs to supply a defence but it can oppose the application, usually by way of a witness statement. I don't really understand what the point of a set aside hearing would be though, as Ganymede says the debt has been paid so it's a bit late to set aside. Are you planning on using the next hearing to challenge the previous costs order and have that reconsidered?