CCJ while I was abroad! How do I go about getting it set aside?

[brey]

A CCJ has been set against me while I was abroad by the Northampton county court.

The judgment was made in February 2015

 

 

I have been living in Paris since September 2014.

 

 

I only found out about this after I checked my credit file.

The amount is for £609.

I intend to have this set aside by making a N244 application.

 

At the moment I am thinking that I will base my defence on the fact that I was not served the court papers

due to the fact that I didn't recieve the court papers as I am living in Paris.

So I wasn't given the opportunity defend or dispute the claim.

 

 

Crucially, I was also denied the opportunity to settle the claim within 28 days which would have had the claim set aside automatically.

I can prove that I have been living in Paris.

 

Any help on or insight will be greatly appreciated.

[BankFodder]

Follow the setaside link to see what you should do.

 

However, the defence that you are suggesting is not defence at all and it won't help your application.

[SabreSheep]

You cannot request a set aside on those basis if you cannot prove that you told your creditor where you moved to.

 

You would also need another defence as well for it to have a chance of succeeding

[GrumpyToSayTheLeast]

Did you divert your mail? Did you have anybody in the UK dealing with your affairs?

 

Because you have moved and did not have your mail forwarded, you will most likely fail on a set aside. Best course would be to pay and wait 6 years for the ccj to come off your record. But make sure its marked as satisfied once paid. That's as good as removed completely. No one cares about paid ccjs.

[unclebulgaria67]

A CCJ has been set against me while I was abroad by the Northampton county court. The judgment was made in February 2015 and I have been living in Paris since September 2014. I only found out about this after I checked my credit file. The amount is for £609. I intend to have this set aside by making a N244 application.

 

At the moment I am thinking that I will base my defence on the fact that I was not served the court papers due to the fact that I didn't recieve the court papers as I am living in Paris. So I wasn't given the opportunity defend or dispute the claim. Crucially, I was also denied the opportunity to settle the claim within 28 days which would have had the claim set aside automatically. I can prove that I have been living in Paris.

 

Any help on or insight will be greatly appreciated.

 

Did you know about this debt before leaving the country and should therefore have advised creditors that you had moved abroad.?

 

You can apply for the set aside using the n244 form and paying the fee which I think is £155, you would simply say that you were resident in Paris France at the time the claim was sent to a UK address and only found out about the judgement on your return to the UK on x date.

 

Normally you give a reason for defending the claim at a hearing. E,g the creditor had not issued you with a demand for payment or whatever. Just saying you were not in the country might not be enough.

[brey]

No, I was not aware of this debt before i left the country. I had not received any correspondent so no reason to inform them about my move abroad.So i had no idea i was being chased for this debt.

[SabreSheep]

ok do you know what the debt is for now?

[brey]

Yes I do know now what the debt is for, SabreShop. I was hoping that, if I could get the ccj set aside then I could move to settle the debt. Is that a viable on the assumption that the ccj is set aside?

[SabreSheep]

WHat is the debt for and who got the ccj?

[brey]

The debt is for a store card opened in 2010. Arrow global go the CCJ.

[brey]

I am also planning on contacting the DCA to see if they will agree to having the CCJ set aside.

[SabreSheep]

So you were aware the debt existed before moving....

 

I do not foresee a DCA simply agreeing to a set aside...

[brey]

Yes I was aware that the debt existed before moving. For a long period of time I had not heard about anything about the account.

 

As for seeing if a DCA would agree to set aside, I was thinking that maybe I would ask them to support my set aside on the condition that I would settle the account in full if they did so.

[brey]

I have scoured forums and I have found stories where people living abroad where able to get a cci set aside pretty easily.

[SabreSheep]

I would suggest there were reasons why they were set aside.

 

EG statute barred before the claim was issued.

Or proof that the creditor knew the debtors true address

Or some other substantial reason they could ask for a set aside.

 

By all means, ask them.

 

There may be other ways to skin a cat.

 

Any late payment charges on the store card, or insurances?

[brey]

I don't know of any late payment charges or insurances, will have to enquire into that. So even if use the fact that I had no correspondence with Arrow Global and there had no reason to expect legal proceedings, that still may not be a good enough defence?

[SabreSheep]

nope

 

As you were aware the debt existed and failed to inform the creditor of your new address.

 

They would of served ot the last known address as they are entitled to do so.

[panther12]

I am also planning on contacting the DCA to see if they will agree to having the CCJ set aside.

If you're going to pay it anyway then that would be my option to approach claimant and seek their agreement to a consent order to set aside judgment and discontinue the claim on the condition that once granted you then pay them.

[brey]

If you're going to pay it anyway then that would be my option to approach claimant and seek their agreement to a consent order to set aside judgment and discontinue the claim on the condition that once granted you then pay them.

 

Thanks. I think I will go ahead with this route before filing a N244.

[panther12]

Thanks. I think I will go ahead with this route before filing a N244.

What I'd do is send claimant a letter along the lines that you intend to make application to set aside the judgment and that given the circumstances in which the default judgment was obtained you believe that such an application will be successful with costs, however given the amount claimed and the further costs that will undoubtedly incur for both parties should it be necessary to make application and attend a hearing, you are prepared (on a without prejudice basis and strictly without any admittance of liability) to settle the claim in full on the condition the claimant consent to set aside default judgment and discontinue the claim.