Ccj set aside

[Doost]

Today i had a hearing to get a ccj set aside on the basis that i dont recall the debt and that the claim forms and any other correspondence was sent to a previous address. The judge said that Lowell had served the claim correctly due to searches they did. But i had evidence that i didn't live at the address they sent it to. I only found out about the ccj in January when applying for a remortgage. The ccj was issued in may 2016. The judge agreed to set it aside on the basis that lowell had limited information. The judge said i have two weeks to defend the claim. My question is if i want to avoid any more stress of this and it has been very stressful to deal with as i have two young babies as well could i just offer to pay lowell the settlement and would that be the end of it. I do begrudge doing this but if it would settle it all fast it is something that i am willing to do to avoid going back to court.

[Doost]

Any advice on this wouls be much appreciated

[jaguarsuk]

Yes, you could make them an offer to settle if you choose and any offer should be sent in writing with the heading "Without Prejudice" to protect your legal position.

If you agree an amount and can pay in full, you want written confirmation it is "Full and Final Settlement" and they will file a Notice of discontinuance. I'd say start at 30% of the amount claimed and expect them to work you up to around 50% of it, but don't show you might pay the full amount even if you would unless they refuse to budge.

If you agree a settlement by instalments then you want a Tomlin Order that will "stay" the claim to protect them from entering judgement against you. There's a £100 fee for a Tomlin Order to be sealed by the court, so expect them to add that to the total amount agreed.

Remember they probably paid 1p in the pound for the debt, so about a £1 per £100 they're claiming and 50% is a cracking profit for them.

Personally I wouldn't be paying until I knew I had to do so and entering a defence will elongate the process, thereby giving you greater time to decide if they have everything they need to win and whether you should settle. Also, if they don't have everything they need you might get a lower settlement figure than whilst they think you are scared of court.

A lot of Claimant companies think that people are scared of court and that'll make them pay up, but when you show them the law is there for both parties can back down.

You haven't said what the Claim is for, but personally I'd be at least sending a CPR 31.14 Request to Lowell Solicitors and if applicable a CCA Request to Lowell. And I'd be getting a version of Example Defence together ready to file and then you'll have the opportunity for mediation to negotiate a settlement which is legally binding, not a CCJ and Free.

Of course this is your claim, you have children so time is not a commodity you have a lot of and it's your decision to make.

[Doost]

Thank you for taking your time to reply. Your information is extremely useful to me. As i knew that it had been set aside yesterday the only way it was left was that there was two weeks to make a defence and i was unsure if i actually had the option to settle. You have made more sense to me now of my options thank you.

[jaguarsuk]

Thank you for taking your time to reply. Your information is extremely useful to me. As i knew that it had been set aside yesterday the only way it was left was that there was two weeks to make a defence and i was unsure if i actually had the option to settle. You have made more sense to me now of my options thank you.

You're welcome and regardless of which route you take, if you have any questions please come back to ask and when all is over comeback to let us know the result.

Good luck

[Doost]

Update on previous posts...
I made the decision to offer Lowell a full and final settlement of this claim...I wsd reluctant to do so but I am finding the whole process extremely stressful and difficult due to caring for my young babies also.
Lowell have agreed to the settlement today. I have written to the court to explain what i have done and I will send them proof that a full and final settlement has been reached and finalised. My question here is as the court asked for a defence will this way of finalising have any impact on the set aside? Or will it still stand as there is now no monies owing. I am sorry if i seem to be repeating questions but i find this so confusing. Ultimately I just want to bring it all to a close now.

[Doost]

Any advice is much appreciated

[jaguarsuk]

Okay, so the CCJ has been set aside and that will still stand.

The Claimant once you have settled should file a Notice of discontinuance which is asking the court to end the claim.

[Doost]

Thank you. I just wanted to make sure that the set aside will still stand and that it wouldn't just be marked as satisfied on my reports.

[jaguarsuk]

Thank you. I just wanted to make sure that the set aside will still stand and that it wouldn't just be marked as satisfied on my reports.

No, now the CCj has been set aside the matter is back to where it was before the judgement was entered and the court will order removal of the judement from Trust Registry whom are the ones who enter the judgement on your credit file.

[Doost]

Thank you. I really appreciate you taking your time to reply.