Getting a CCJ set aside

[Jazz100]

Hi
The claimant has refused to agree to set aside the CCJ - I thought it was worth a try asking! Can anyone advise if any of the following reasons might be good enough to use in court to get it set aside?

1. I didn’t get the full month to pay the CCJ. I wasn’t sure if it was genuine when it arrived (over 3 years had gone by and I had all but forgotten about it)I called the claimant and they didn’t think it was from them but would look in to it. When I realised it was genuine, it was the xmas holidays and there was no way I could get over £4000 in under 2 weeks from borrowing from the bank. I paid it too late and it is marked as satisfied.

2. I was never informed of the outcome of the hearing. In 2014 I returned the court acceptance papers and offered monthly payments. I never heard anymore till December 2017 when I received the CCJ. I was told in 2014 that the court would inform me of the outcome and what to do next - I never heard from the court or the claimant. ( I presumed I had a CCJ as I had not defended the claim and it was only a few years later that I saw my credit report and it wasn’t on there). I sent direct debits to the claimant but they never got set up. I now understand that the court put a stay on the CCJ and it was uplifted in 2017.
* I wrote to the court to ask if there had been a clerical error in not writing to me with the outcome - they said if I felt there was an error then I could ask for it to be set aside! I just can’t find out what the exact procedure is but feel they should have let me know...?

3. I should have defended the CCJ but I wasn’t aware of the law. I had been offering payments to the claimant and returned direct debits - it never needed to go to court in the first place.

i would be so grateful of any advice on this and my chances of asking the court to set aside the CCJ.

thank you for reading all this

[Rebz]

It appears from what you have said that you filed an admission. As such, assuming the Judgment is "by admission" CPR 13 would not apply.

CPR 14.1 (admissions) says at (4) that the claimant has a right to enter judgment and (5) that the Court's permission is required to withdraw.

The guidance notes set out what the court considers in the event of an application to withdraw an admission but it makes no mention of after judgment other than by reference to prejudice caused. I guess that you would have to withdraw the admission and set aside the judgment, if that is possible.

IMHO you need to take proper legal advice before embarking on an application, it appears on the basis of your post to be complicated and risky.

[Jazz100]

Thank you for your reply. I wish I’d never accepted the claim. It seems unfair that I tried to pay prior to the CCJ and after I thought it had been given. Now I’ve got 6 years with it on my credit record. I feel there has been a lack of communication and I could have resolved this (had I known my rights and all the facts) without getting a CCJ. I’ve looked at getting a solicitor on board but it’s going to be £1800+ and there’s no guarantee. I’m hoping some legal beagle here will give me some good advice.

[jaguarsuk]

Perhaps have a word with pt2537 whose firm offer free advice. Contact details are on his profile if you click on it.

[pt2537]

Perhaps have a word with pt2537 whose firm offer free advice. Contact details are on his profile if you click on it.

Hola,

As has been stated already on the thread, if you filed an admission it can be much harder to get the CCJ which was entered as a result set aside. There are ways of challenging such a CCJ but there are also serious risks, not least if you make an application and it fails you will most likely be ordered to pay the Claimants costs of the application.

The problem is that we only have a limited amount of info and advising based on that limited info would be very very difficult.

[Jazz100]

Thank you for replying. I’m thinking of what to do next... I will provide an update of how I get on incase it is helpful to someone.