Erudio Backdoor CCJ

[JJ101]

do I need to respond to 5th April letter to say I am proceeding with hearing?

[AndyOrch]

No...you only have to comply with what the court directs...not a claimant.

[JJ101]

second hearing is next Monday (6th) 
I dont have much of a plan other than replying to their document point by point.

[JJ101]

Application refused, unreasonable delay.

 

Not sure what to do now.

[dx100uk]

On what ground s??

Simply too long from the judgement?

Dx

[JJ101]

nearly 2 years from CCJ to submit set aside, judge said it was too long a time. Also, he said i had no real grounds for success with the evidence in front of him, (less than 6 year gap between maturing loan, final demand and me submitting a payment

[AndyOrch]

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside^(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside^(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

[JJ101]

so what next, simply deal with debt collector?

[AndyOrch]

Nooooo submit an n245 and get an affordable plan in place...through the courts...not the DCA.