help Set Aside lease fees Default Judgement

[4321]

I hope this does not come across as rude, but you absolutely sure of this?

 

The reason I ask is that I spoke to two solicitors on the phone (they'll speak to you for free for 5 mins)

and I said how frustrating it is that the court said the application takes 6 weeks which would put me out of time to pay

and avoid the ccj and neither of them said the time gets stopped until the case is heard.

 

If it is definitely the case that the time would be stopped until the judge decides on the set aside

and I get another 28 days to pay then I think it would be worth the risk of losing the court fee.

It's the ccj on my record that I don't want to risk.

 

Ah yes, I see what you mean.

 

Thanks

[AndyOrch]

When you attend an hearing to set a side...no matter how long the application takes to set a side......and the date has passed to make payment and avoid the register.....at that hearing if the set a side is allowed..the judgment is set a side. (removed from the register and you are then allowed to defend)

 

If your application failed then further directions are issued (Notice of Judgment) with a new date to pay by (another 28 days)...and therefore allowing you time to avoid the Register.

[4321]

I am really confused now I wrote to National Debt Line this evening asking about this and they replied saying the following:

 

"I'm afraid that the month time limit does not get suspended & applying to set aside the CCJ will mean that if you are unsuccessful & the month is up. The CCJ will be registered."

[Guest]

ok. is then to decide whther to pay to avoid the ccj on record, or apply for the set aside and then it wld be set aside.

what are your thoughts?

[4321]

It's a risk because there is no guarantee the judge will set it aside.

 

I am wondering whether I could pay the judgement amount under protest (to avoid the ccj being recorded) while also applying for set aside. I would hope that if the judge did then agree to set it aside then the claimant would refund the amount I paid (or if the claimant refused to refund me then if I could sue them for it).

 

I'm not sure of the legalities of this though. Someone told me that paying the judgement would be an admission that I owed it while someone else advised that it would not be admitting it but just following the orders of the default judgement and I could still apply for the judgement to be set aside.

[AndyOrch]

But once paid there is nothing to set a side.

[4321]

Could the 'judgement' not be set aside?

 

Maybe I am looking at it incorrectly but the way I saw it was that a judgement has been made in default and that a set aside would quash that judgement (regardless of whether the amount involved was paid or not).

 

I thought the case would then start again from the beginning giving me the opportunity to have my side of the story listened to and then a final judgement made and if it was found I was not liable then the claimant would have to refund me the amount I had paid.

[AndyOrch]

I suppose so if you are referring to a satisfied judgment.

[4321]

If I did not apply for the judgement to be set aside and just paid it would I later be able to make a new claim against the claimant for the charges they claimed against me or would it not be allowed?

[AndyOrch]

Against the original creditor...not the judgment claimant.

[4321]

Sorry, what's the difference between the two? I think they are one and the same in my case (other than them using a form of solicitors working on their behalf).

[AndyOrch]

Any claim for PPI etc lies with the OC not the assignee

[4321]

Ah, I see. My claim is not in regard to PPI.

[Guest]

thats what i meant. ie set aside if the app'n is successful

what does the nat debtline say about setting aside after payment.

note though, that if set aside, then the claim process wld start again. unless a J makes any order to the contrary.

[AndyOrch]

Ah, I see. My claim is not in regard to PPI.

 

PPI ....etc (being unfair charges /interest)