Paid an overdue CCJ

[Anneke Perrett]

Hi

I have just paid £237 to Debt Action Limited for a claim filled against me on 21/1/15 for a parking fine on 11/7/2013. The first I knew about it was on a Experian report, Aside from getting a certificate to say I have paid it can I apply to have it set aside as it was sent to my old adress which I moved for on 16/5/14. The lady I spoke to said they would not contest it.

I just want this matter resolved now as it has effected my ability to get house insurance!

Any advice greatly appeciated!

Many thanks

[nemesis45]

Re: Paid an overdue CCJ

Yes you can apply for set aside, there is a court fee to pay.

The best bet is to write to Debt Action ( look up the name of a director/MD/CEO " suggesting " that they get the judgement set aside as they sent the claim to the wrong address, this together with the fact the judgement has bee satisfied may well be successful.

This should not affect your ability to get insurance unless you are getting it on instalments.

nem

[stevemLS]

Re: Paid an overdue CCJ

It would be an unusual application to set aside a judgment which had been satisfied, however, on the strict construction of Part 13 of the CPR (13.3) I can't see why such an application couldn't be made.

You have to show that you have a real prospect of successfully defending the claim OR that there is some other good reason why it should be set aside.

Obviously, having paid it, you can't really claim the first limb of the test is met but you may be able to persuade the court that the second is. The fact that they won't contest it may mean that you can simply submit a consent order.

[nemesis45]

Re: Paid an overdue CCJ

The Claimant has stated the set aside will not be contested so there is no problem of filing a " defence".

nem

[Anneke Perrett]

Re: Paid an overdue CCJ

Thanks for the responses! I am glad to hear there is some hope for me!

Are there standard forms to file a 'consent order' or 'defence'?

That may sound like a stupid question.... but from a non legal back ground this stuff is as clear as mud!

[jon1965]

Re: Paid an overdue CCJ

Many household insurance quotes now ask if you have ccj's and can affect the premium accordingly

[Anneke Perrett]

Re: Paid an overdue CCJ

Yes from a premium of £116 it jumpend to £523!!

[jon1965]

Re: Paid an overdue CCJ

You really should shop around, premiums should be much less than that , even if there is someone in the house with a criminal conviction....unless you are insuring lots of valuable high risk items