Final settlement on fresh CCJ?

[Amethyst]

Re: Final settlement on fresh CCJ?

Ok, really just checking this was a judgment from a new claim and not a leftover from the one in 2013 that you got set aside then struck out in 2015. Had you entered a defence to the claim before it was struck out?

Yes it sounds like you will need to apply to set it aside, as it is already on your file ( so on the register of judgments) paying it now wouldn't remove it - just marked as satisfied - it would help to have the claim form first tho of course

How far along agreeing a settlement did you get? Anything in writing?

So grounds to set aside - old address ? - claim previously struck out ? And the defence re amalgamated debts although we don't know what the poc said though it's likely just to refer to the overdraft.

[Marieberry]

Re: Final settlement on fresh CCJ?

Ok, really just checking this was a judgment from a new claim and not a leftover from the one in 2013 that you got set aside then struck out in 2015. Had you entered a defence to the claim before it was struck out?

Yes it sounds like you will need to apply to set it aside, as it is already on your file ( so on the register of judgments) paying it now wouldn't remove it - just marked as satisfied - it would help to have the claim form first tho of course

How far along agreeing a settlement did you get? Anything in writing?

So grounds to set aside - old address ? - claim previously struck out ? And the defence re amalgamated debts although we don't know what the poc said though it's likely just to refer to the overdraft.

NCCBC seemed to think if it was settled by 5/09/16 it would dissapear. But the DCAs solicitors are so disorganised I think my chance of getting it set aside again are pretty good. I need to read around s. 77 by the looks of it....

[Marieberry]

Re: Final settlement on fresh CCJ?

Quick update!

i contacted Diana as she seemed to know exactly what I was referring to, and after discussing my case over the phone case was taken on by Joanna Connolly. After significant delays with Northampton CCBC messing about with my paperwork the case finally made it up to my local county court and the CCJ was set aside with no need for a hearing.

And to think i was on the phone to them, with my card in my hand, and almost paid a partial settlement with the knowledge that I would still lose my job. Marlin really preyed on my vulnerability and desperation that week to try and get money for a CCJ that they should never have issued in the first place...

Thank you so much Diana for taking the time to listen to me and getting this mess sorted out!

Merry Christmas

[Amethyst]

Re: Final settlement on fresh CCJ?

That's great news you got the judgment set aside Well done to [MENTION=7765]Joanna C[/MENTION]; and Di

Are you now proceeding with defending the case or settling ? or have they withdrawn ?

[Marieberry]

Re: Final settlement on fresh CCJ?

A defence was filed with the N244 form so my application was treated as my defence.

[Amethyst]

Re: Final settlement on fresh CCJ?

Okay so the judgment has been set aside and you are proceeding with the defence, have the other side indicated whether they will be proceeding with their claim considering your defence ? Or have they discontinued the case ? or did the judge strike out their claim ?

Set Aside normally removes the default judgment and enables to case to proceed as if the judgment had never been, so I'm not sure from what you've said if they have withdrawn or been struck out as well as the judgment being set aside.

You'll be in good hands with Joanna anyway

[Diana M]

Re: Final settlement on fresh CCJ?

case was taken on by Joanna Connolly. After significant delays with Northampton CCBC messing about with my paperwork the case finally made it up to my local county court and the CCJ was set aside with no need for a hearing.

And to think i was on the phone to them, with my card in my hand, and almost paid a partial settlement with the knowledge that I would still lose my job. Marlin really preyed on my vulnerability and desperation that week to try and get money for a CCJ that they should never have issued in the first place.

That was a narrow escape!

You were just sixteen digits away from paying the solicitors over the phone (as per your thread title) in order to save your job and your whole career.

We're really happy for you and hope you can now enjoy your family Christmas.

Di

[Marieberry]

Edited.

[Amethyst]

Great to hear Marie Thanks for coming back and letting us know xxx

The Phelan case didn't end up being decided on the FCA authorisation issue so far as I'm aware ( the other side won that argument but there were other definiciencies in their case which meant they lost overall), so it's great that your case managed to get the question ruled upon in your favour. Are you obtaining a copy of the Judgment at all ?