Applying to have a CCJ set aside

[phunkeymonkeh]

Hi Guys,

 

Im about to embark on the process of trying to get 3 CCJ's set aside.

All three CCJ's were issued by Smile, Co-Op Bank.

 

All three were issued on the 09/02/04

 

The 1st one was for £439.93 , of which i have had £308.01 returned in unlawful chages.

 

The 2nd one was for £1660.86, of which i have had £1044.48 returned in unlawful charges.

 

The 3rd one was for £1384.31, of which i have had £2192.62 returned in unlawful charges.

 

Im intended on using the following as a basis on getting them set aside.

I agreed with the full amount of the judgement at the time, but now only agree with part of the amount. And the reason for my delay is that its only now come to light since OFT's findings on penalty charges earlier this year.

 

Do you think i will be successful ? Or is there anything i need to consider?

[veryannoyed]

I am intending going after a lender who has got a court order against me on the basis that the information the lender provided to the court as being true was infact knowingly false. Due to information that I have received since the court hearing, I can make a water-tight case they they knowingly misled the court.

 

Similarly I think you could argue that the bank supplied account balances to the court which they knew to be false due to their levying of fees which they knew to be unlawful. No doubt they will defend saying they beleived them to be lawful, it was agreed in the contract etc. etc. and that they only repaid you without admitting any liability due to "commercial reasons" and "as a gesture of goodwill" and all that... so you may not have as strong a case as I do where I have actual evidence on bits of paper...

 

However, I can't see how they can argue the CCJs should stand when patently the information on which the judgements were granted was completely false.

 

I believe perjury carries a maximum term of 5 years imprisonment?

 

Anyway, good luck - I'm not a lawyer so check the facts!

[phunkeymonkeh]

Any other thoughts folks?

[lurker1]

Hi phunkeymonkeh

 

I just returned from a set aside hearing today, hope you have a better judge than I had.

 

Capital one had a CCJ against me for £800, I am in the process of obtaining my statements from them but they are messing me around - anyhow I have just under two thirds of them and the charges on just these adds up to £900 so I applied for the set aside saying new information had come to light detailing the OFT report this year and that the Judgement was made up completely of penalty charges - but the second I walked into the hearing the Judge said it wasnt a good enough reason to set the Judgement aside, you can read about it all here:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/49931-lurker1-capital-one.html

[doryphor]

Any one know how this works the other way round? Lloyds TSB didn't respond to my Claim, and as such I entered judgment today. Will they have a valid basis to set this aside?

[kateandpete]

You need to read allyxia's thread here - she had her CCJ set aside

 

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/44492-allyxia-big-guy-vrs.html

[rogerebaker]

Any one know how this works the other way round? Lloyds TSB didn't respond to my Claim, and as such I entered judgment today. Will they have a valid basis to set this aside?

 

This happened twice to me with Barclays.

 

They paid up in full provided I agreed to a set aside, which I did. I assume they didnt want a CCJ on their records

 

Not sure how Lloyds deal with it. I understand that the banks are almost guranteed a set aside if they claim they have a valid defence.

[deathshead]

if there is debt outstanding there is little point going for the set aside as they can just take out another ccj

far easier if the debt is cleared

did you enter a plea first time

did you get a default notice....

[phunkeymonkeh]

The debt is cleared.

I didnt defend the first time around.

[lurker1]

Ok finally got to the bottom of things and I think I screwed things up myself.

 

In part A of my application in section (3) (because) I put:

 

The reason being that new evidence has come to light that the charges applied making up all of this debt were in fact unlawful at common law, statute and recent consumer regulations.

 

When I think I should have put:

 

I agreed with the full amount of the judgement at the time, but now only agree with part of the amount.

 

Now I have until tomorrow to appeal - can I now appeal and change my reason or should I make another 'New' application to set-aside or am I just stuffed??

 

Please help people!!

[The Lantana]

Did you appeal?