Can I get this set aside

[saracen01]

Approx 3 years ago I was given a CCJ by AXA Medical, I had received a letter from their solictors threatening court action and i offered to pay by instalments via direct debit. They never sent off the form to my bank and therefore took me to court, although actual summons papers were not received by me, but the judgement was. The amount owed to them was paid in full, and I received a letter from their solicitors advising the court that the amount had been received in full but outside of 30 days. I had no idea of court stuff until I found this site, so just left it on my file.

 

Can I apply for a set aside as it was fully paid up as soon as I realised that they had gone to court. I was on antidepressants at the time and spent most of it in a daze.

[lookinforinfo]

Saracen, I am not an expert on this subject, but will try to answer to the

best of my knowledge and perhaps someone may pick up from there.

 

The first thing is that to apply for a set aside the Court instructs that you

act promptly. No indication as to a time scale, but think it safe to say that

three years later would fail that criteria.

 

Ignoring the time limit, another reason to grant a set aside is where the Court

felt you had a defence to the charge. As you paid the amount, you could

scacely claim that it was not owed. Nor could you probably argue that the

solicitors did not process your direct debit offer, as it begs the question why

you had not already settled the debt in full, as you appear to have had the money all along.

 

You don't say how long after the thirty days you paid the debt, nor whether

you paid in instalments, though the implication is that you paid a lump sum.

Whilst I accept that the pills you were taking could be a mitigating reason

for the delay, I have a feeling that the thirty day time frame is pretty much

written in stone, unlike many of the other time frames.

 

Had you applied at the time for a set aside because you did not receive the summons, you would have had a good chance of a rehearing. Now, your

chances are probably virtually nil unless you can show that treatment you have been receiving has affected you til now.That may work. But even if

you did get that far, the fact that you were able to understand the situation

sufficiently to settle the debt then, would appear to cancel out your reason

for a set aside.

 

Sorry to be so discouraging. On the bright side, you have obviously got over

your health problem and the ccj is already halfway completed. You can, if

you want, add a rider to your credit file about your health at the time, if you are contemplating asking for credit, which could help to lessen the impact of the ccj